Ic Practice Manual2020

93Cover Page
Immigration Court
Practice Manual
The Practice Manual has been assembled as a public service to parties appearing
before the Immigration Courts. This manual is not intended, in any way, to substitute
for a careful study of the pertinent laws and regulations. Readers are advised to review
Chapter 1.1 before consulting any information contained herein.
The Practice Manual is updated periodically. The legend at the bottom of each page
reflects the last revision date. Updates to the Practice Manual are available through the
EOIR website at www.justice.gov/eoir.
Introduction
The Office of the Chief Immigration Judge
Christopher Santoro, Chief Immigration Judge (Acting)

Mary Cheng, Deputy Chief Immigration Judge
Sheila McNulty, Deputy Chief Immigration Judge (Acting)
Rico J. Bartolomei David M. Jones Sirce E. Owen

Grady A. Crooks Matthew W. Kaufman Nancy J. Paul
Daniel J. Daugherty Joy Lampley-Fortson Rodin Rooyani
Eric L. Dillow Scott D. Laurent Jose A. Sanchez
John R. Doolittle II Lisa Luis Theresa M. Scala
Irene C. Feldman H. Kevin Mart Christopher R. Seppanen
James K. Grim Clay Martin Elisa M. Sukkar
Theresa Holmes-Simmons Hugo R. Martinez Jack H. Weil
Amy C. Hoogasian James F. McCarthy III Daniel H. Weiss
Carrie C. Johnson-Papillo Philip J. Montante Jr. Ryan R. Wood
Assistant Chief Immigration Judges
The Office of the Chief Immigration Judge expresses its gratitude to the many
Immigration Judges, Court Administrators, and other individuals who provided
comments and suggestions during the preparation of the Immigration Court
Practice Manual. The Office of the Chief Immigration Judge also expresses its
appreciation to former Chief Immigration Judge David L. Neal for his leadership
in creating the Practice Manual. In addition, the Office of the Chief Immigration
Judge recognizes the original members of the Practice Manual Committee for
their dedication in creating this publication:
Judge John F. Gossart, Jr. Scott M. Rosen, Chief Counsel, OCIJ

Judge Stephen S. Griswold Gary M. Somerville, Court Administrator
Jean C. King, Senior Legal Advisor, BIA Emmett D. Soper, Attorney Advisor, OCIJ
U.S. Department of Justice
Executive Office for Immigration

Review
Office of the Chief Immigration Judge

December 2016
5107 Leesburg Pike, Suite 2500

Falls Church, Virginia 22041
Introductory Letter
Immigration Court Practice Manual
In 2006, the Attorney General instructed the Director of the Executive Office for
Immigration Review, in consultation with the Immigration Judges, to issue a practice manual
for the parties who appear before the Immigration Courts. This directive arose out of the
public’s desire for greater uniformity in Immigration Court procedures and a call for Immigration
Courts to implement their “best practices” nationwide.
Accordingly, the Office of the Chief Immigration Judge published the Immigration Court
Practice Manual in February 2008. The Practice Manual is a comprehensive guide that sets
forth uniform procedures, recommendations, and requirements for practice before the
Immigration Courts. The requirements set forth in this manual are binding on the parties who
appear before the Immigration Courts, unless the Immigration Judge directs otherwise in a
particular case. The Practice Manual does not limit the discretion of Immigration Judges to act
in accordance with law and regulation.
The Practice Manual is intended to be a “living document,” and the Office of the Chief
Immigration Judge updates it in response to changes in law and policy, as well as in response
to comments by the parties using it. We welcome suggestions and encourage the public to
provide comments, to identify errors or ambiguities in the text, and to propose revisions.
Information regarding where to send your correspondence is included in Chapter 13 of the
Practice Manual.
The Office of the Chief Immigration Judge has made the Immigration Court Practice
Manual available through the EOIR website at www.justice.gov/eoir. We encourage you to
share the Practice Manual with any individuals or organizations that may benefit from it.
MaryBeth Keller
Chief Immigration Judge
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Immigration Court
Practice Manual Table of Contents
TABLE OF CONTENTS (Summary List)
Chapter 1 The Immigration Court
Chapter 2 Appearances before the Immigration Court
Chapter 3 Filing with the Immigration Court
Chapter 4 Hearings before Immigration Judges
Chapter 5 Motions before the Immigration Court
Chapter 6 Appeals of Immigration Judge Decisions
Chapter 7 Other Proceedings before Immigration Judges
Chapter 8 Stays
Chapter 9 Detention and Bond
Chapter 10 Discipline of Practitioners
Chapter 11 Forms
Chapter 12 Freedom of Information Act (FOIA)
Chapter 13 Other Information
Appendices
Glossary
Word Index
Citation Index
Table of Changes
updates: www.justice.gov/eoir Version released on

February 20, 2020
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Immigration Court
TABLE OF CONTENTS (Detailed List)
Chapter 1 The Immigration Court ............................................................................... 1

1.1 Scope of the Practice Manual ............................................................................ 1
1.2 Function of the Office of the Chief Immigration Judge ....................................... 1
1.3 Composition of the Office of the Chief Immigration Judge ................................. 3
1.4 Other EOIR Components ................................................................................... 5
1.5 Jurisdiction and Authority ................................................................................... 7
1.6 Public Access .................................................................................................. 10
1.7 Inquiries ........................................................................................................... 12
Chapter 2 Appearances before the Immigration Court ........................................... 17
2.1 Representation Generally ................................................................................ 17
2.2 Unrepresented Aliens (“Pro se” Appearances) ................................................ 19
2.3 Attorneys......................................................................................................... 20
2.4 Accredited Representatives and Recognized Organizations ........................... 26
2.5 Law Students and Law Graduates ................................................................... 28
2.6 Paralegals ........................................................................................................ 30
2.7 Immigration Specialists .................................................................................... 30
2.8 Family Members .............................................................................................. 30
2.9 Others .............................................................................................................. 31
Chapter 3 Filing with the Immigration Court ............................................................ 21
3.1 Delivery and Receipt ........................................................................................ 21
3.2 Service on the Opposing Party ........................................................................ 41
3.3 Documents....................................................................................................... 43
3.4 Filing Fees ....................................................................................................... 53
Chapter 4 Hearings before the Immigration Judges ............................................... 57
4.1 Types of Proceedings ...................................................................................... 57
4.2 Commencement of Removal Proceedings....................................................... 57
4.3 References to Parties and the Immigration Judge ........................................... 58
4.4 Representation ................................................................................................ 59
4.5 Hearing and Filing Location ............................................................................. 60
4.6 Form of the Proceedings.................................................................................. 60
4.7 Hearings by Video or Telephone Conference .................................................. 60
4.8 Attendance....................................................................................................... 61
4.9 Public Access .................................................................................................. 62
4.10 Record ............................................................................................................. 63
4.11 Interpreters ...................................................................................................... 64
4.12 Courtroom Decorum ........................................................................................ 64
4.13 Electronic Devices ........................................................................................... 65
4.14 Access to Court ............................................................................................... 66
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4.15 Master Calendar Hearing ................................................................................. 66

4.16 Individual Calendar Hearing............................................................................. 79
4.17 In Absentia Hearing ......................................................................................... 82
4.18 Pre-Hearing Conferences and Statements ...................................................... 82
4.19 Pre-Hearing Briefs ........................................................................................... 84
4.20 Subpoenas....................................................................................................... 86
4.21 Combining and Separating Cases ................................................................... 87
4.22 Juveniles .......................................................................................................... 88
Chapter 5 Motions before the Immigration Court .................................................... 79
5.1 Who May File ................................................................................................... 79
5.2 Filing a Motion ................................................................................................. 79
5.3 Motion Limits.................................................................................................... 94
5.4 Multiple Motions ............................................................................................... 94
5.5 Motion Briefs .................................................................................................... 94
5.6 Transcript Requests ......................................................................................... 94
5.7 Motions to Reopen ........................................................................................... 95
5.8 Motions to Reconsider ..................................................................................... 97
5.9 Motions to Reopen In Absentia Orders ............................................................ 99
5.10 Other Motions ................................................................................................ 101
5.11 Decisions ....................................................................................................... 104
5.12 Response to Motion ....................................................................................... 105
Chapter 6 Appeals of Immigration Judge Decisions............................................. 106
6.1 Appeals Generally.......................................................................................... 106
6.2 Process .......................................................................................................... 106
6.3 Jurisdiction ..................................................................................................... 107
6.4 Waiver of Appeal ........................................................................................... 107
6.5 Certification .................................................................................................... 107
6.6 Additional Information .................................................................................... 108
Chapter 7 Other Proceedings before Immigration Judges ................................... 109
7.1 Overview ........................................................................................................ 109
7.2 Deportation Proceedings and Exclusion Proceedings ................................... 109
7.3 Rescission Proceedings................................................................................. 111
7.4 Limited Proceedings ...................................................................................... 109
Chapter 8 Stays ........................................................................................................ 123
8.1 In General ...................................................................................................... 123
8.2 Automatic Stays ............................................................................................. 123
8.3 Discretionary Stays ........................................................................................ 125
Chapter 9 Detention and Bond ................................................................................ 130
9.1 Detention ....................................................................................................... 130
9.2 Detained Juveniles......................................................................................... 131
9.3 Bond Proceedings.......................................................................................... 131

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9.4 Continued Detention Review ......................................................................... 136

Chapter 10 Discipline of Practitioners.................................................................... 140
10.1 Practitioner Discipline Generally .................................................................... 140
10.2 Definition of Practitioner and Recognized Organization ................................. 140
10.3 Jurisdiction ..................................................................................................... 140
10.4 Conduct ......................................................................................................... 141
10.5 Filing a Complaint .......................................................................................... 143
10.6 Duty to Report ................................................................................................ 144
10.7 Disciplinary Proceedings................................................................................ 145
10.8 Notice to Public .............................................................................................. 150
10.9 Effect on Practitioner’s Pending Immigration Cases ...................................... 150
10.10 Reinstatement ................................................................................................ 151
Chapter 11 Forms ..................................................................................................... 153
11.1 Forms Generally ............................................................................................ 151
11.2 Obtaining Blank Forms .................................................................................. 153
11.3 Submitting Completed Forms ........................................................................ 155
11.4 Additional Information .................................................................................... 155
Chapter 12 Freedom of Information Act (FOIA) ..................................................... 156
12.1 Generally ....................................................................................................... 156
12.2 Requests........................................................................................................ 156
12.3 Denials ........................................................................................................... 158
Chapter 13 Other Information ................................................................................. 159
13.1 Reproduction of the Practice Manual ............................................................. 159
13.2 Online Access to the Practice Manual ........................................................... 159
13.3 Updates to the Practice Manual ..................................................................... 163
13.4 Public Input .................................................................................................... 163

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Immigration Court
Appendices
A Immigration Court Addresses A-1

B EOIR Directory B-1
C Practice Manual Organizational Chart C-1
D Deadlines D-1
E Forms E-1
F Sample Cover Page F-1
G Sample Proof of Service G-1
H Sample Certificate of Translation H-1
I Telephonic Information I-1
J Citation Guidelines J-1
K Where to File K-1
L Sample Written Pleading L-1
M Sample Oral Pleading M-1
N Sample Subpoena N-1
O Sample Criminal History Chart O-1
P Sample Table of Contents P-1
Q Sample Proposed Order Q-1

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Practice Manual
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February 20, 2020
vi
Immigration Court Chapter 1
Practice Manual The Immigration Court
Chapter 1 The Immigration Court
1.1 Scope of the Practice Manual
(a) Authority. — The Executive Office for Immigration Review (EOIR) is charged
with administering the Immigration Courts nationwide. The Attorney General has directed
the Director of EOIR, in consultation with the Immigration Judges, to issue an Immigration
Court Practice Manual.
(b) Purpose. — This manual is provided for the information and convenience of
the general public and for parties that appear before the Immigration Courts. The manual
describes procedures, requirements, and recommendations for practice before the
Immigration Courts. The requirements set forth in this manual are binding on the parties
who appear before the Immigration Courts, unless the Immigration Judge directs
otherwise in a particular case.
(c) Disclaimer. — This manual is not intended, nor should it be construed in any
way, as legal advice. The manual does not extend or limit the jurisdiction of the
Immigration Courts as established by law and regulation. Nothing in this manual shall
limit the discretion of Immigration Judges to act in accordance with law and regulation.
(d) Revisions. — The Office of the Chief Immigration Judge reserves the right to
amend, suspend, or revoke the text of this manual at any time at its discretion. For
information on how to obtain the most current version of this manual, see Chapter 13.3
(Updates to the Practice Manual). For information on how to provide comments regarding
this manual, see Chapter 13.4 (Public Input).
1.2 Function of the Office of the Chief Immigration Judge
(a) Role. — The Office of the Chief Immigration Judge oversees the administration
of the Immigration Courts nationwide and exercises administrative supervision over
Immigration Judges. Immigration Judges are responsible for conducting Immigration
Court proceedings and act independently in deciding matters before them. Immigration
Judges are tasked with resolving cases in a manner that is timely, impartial, and
consistent with the Immigration and Nationality Act, federal regulations, and precedent
decisions of the Board of Immigration Appeals and federal appellate courts.
(b) Location within the federal government. — The Office of the Chief
Immigration Judge (OCIJ) is a component of the Executive Office for Immigration Review
updates: www.justice.gov/eoir 1 Version released on

February 20, 2020
(EOIR). Along with the Board of Immigration Appeals and the Office of the Chief
Administrative Hearing Officer, OCIJ operates under the supervision of the Director of
EOIR. See 8 C.F.R. § 1003.0(a). In turn, EOIR is a component of the Department of
Justice and operates under the authority and supervision of the Attorney General. See
Appendix C (Organizational Chart).
(c) Relationship to the Board of Immigration Appeals. — The Board of

Immigration Appeals is the highest administrative tribunal adjudicating immigration and
nationality matters. The Board is responsible for applying the immigration and nationality
laws uniformly throughout the United States. Accordingly, the Board has been given
nationwide jurisdiction to review decisions of Immigration Judges and certain decisions
made by the Department of Homeland Security (DHS). The Board is tasked with resolving
the questions before it in a manner that is timely, impartial, and consistent with the
Immigration and Nationality Act (INA) and federal regulations. The Board is also tasked
with providing clear and uniform guidance to Immigration Judges, DHS, and the general
public on the proper interpretation and administration of the INA and the federal
regulations. See 8 C.F.R. § 1003.1(d)(1). See also Appendix C (Organizational
Chart)..Finally, the Board has authority over the disciplining and sanctioning of
representatives appearing before the Immigration Courts, DHS, and the Board. See
Chapter 10 (Discipline of Practitioners).
For detailed guidance on practice before the Board, parties should consult the
Board of Immigration Appeals Practice Manual, which is available at
www.justice.gov/eoir.
(d) Relationship to the Department of Homeland Security. — The Department

of Homeland Security (DHS) was created in 2003 and assumed most of the functions of
the now-abolished Immigration and Naturalization Service. DHS is responsible for
enforcing immigration laws and administering immigration and naturalization benefits. By
contrast, the Immigration Courts and the Board of Immigration Appeals are responsible
for independently adjudicating cases under the immigration laws. Thus, DHS is entirely
separate from the Department of Justice and the Executive Office for Immigration Review.
In proceedings before the Immigration Court or the Board, DHS is deemed to be a party
and is represented by its component, U.S. Immigration and Customs Enforcement (ICE).
See Chapters 1.5(a) (Jurisdiction), 1.5(c) (Immigration Judge decisions), 1.5(e)
(Department of Homeland Security).
(e) Relationship to the Immigration and Naturalization Service. — Prior to the

creation of the Department of Homeland Security (DHS), the Immigration and
Naturalization Service (INS) was responsible for enforcing immigration laws and
administering immigration and naturalization benefits. INS was a component of the

February 20, 2020
Department of Justice. INS has been abolished and its role has been assumed by DHS,
which is entirely separate from the Department of Justice. See subsection (d), above.
(f) Relationship to the Office of the Chief Administrative Hearing Officer. —

The Office of the Chief Administrative Hearing Officer (OCAHO) is an independent entity
within the Executive Office for Immigration Review. OCAHO is responsible for hearings
involving employer sanctions, anti-discrimination provisions, and document fraud under
the Immigration and Nationality Act. OCAHO’s Administrative Law Judges are not
affiliated with the Office of the Chief Immigration Judge. The Board of Immigration
Appeals does not review OCAHO decisions. See Appendix C (Organizational Chart).
(g) Relationship to the Administrative Appeals Office. — The Administrative

Appeals Office (AAO), sometimes referred to as the Administrative Appeals Unit (AAU),
was a component of the former Immigration and Naturalization Service and is now a
component of the Department of Homeland Security (DHS). The AAO adjudicates
appeals from DHS denials of certain kinds of applications and petitions, including
employment-based immigrant petitions and most nonimmigrant visa petitions. See 8
C.F.R. §§ 103.2, 103.3. The AAO is not a component of the Department of Justice. The
AAO should not be confused with the Executive Office for Immigration Review, the Office
of the Chief Immigration Judge, or the Board of Immigration Appeals. See Appendix C
(Organizational Chart).
(h) Relationship to the Office of Immigration Litigation (OIL). — The Office of

Immigration Litigation (OIL) represents the United States government in immigration-
related civil trial litigation and appellate litigation in the federal courts. OIL is a component
of the Department of Justice, located in the Civil Division. OIL is separate and distinct
from the Executive Office for Immigration Review (EOIR). OIL should not be confused
with EOIR, the Office of the Chief Immigration Judge, or the Board of Immigration
Appeals. See Appendix C (Organizational Chart).
1.3 Composition of the Office of the Chief Immigration Judge
(a) General. — The Office of the Chief Immigration Judge (OCIJ) supervises and
directs the activities of the Immigration Courts. OCIJ operates under the supervision of
the Director of the Executive Office for Immigration Review (EOIR). OCIJ develops
operating policies for the Immigration Courts, oversees policy implementation, evaluates
the performance of the Immigration Courts, and provides overall supervision of the
Immigration Judges.
(i) Chief Immigration Judge. — The Chief Immigration Judge oversees

the administration of the Immigration Courts nationwide.

February 20, 2020
(ii) Deputy Chief Immigration Judges. — The Deputy Chief Immigration

Judges assist the Chief Immigration Judge in carrying out his or her
responsibilities.
(iii) Assistant Chief Immigration Judges. — The Assistant Chief

Immigration Judges oversee the operations of specific Immigration Courts. A
listing of the Immigration Courts overseen by each Assistant Chief Immigration
Judge is available on the Executive Office for Immigration Review website at
(iv) Legal staff. — OCIJ’s legal staff supports the Chief Immigration Judge,
Deputy Chief Immigration Judges, and Assistant Chief Immigration Judges, as well
as the Immigration Judges and Immigration Court law clerks nationwide.
(v) Language Services Unit. — The Language Services Unit oversees

staff interpreters and contract interpreters at the Immigration Courts. The
Language Services Unit conducts quality assurance programs for all interpreters.
(vi) Court Evaluation Team. — The Court Evaluation Team coordinates

periodic comprehensive evaluations of the operations of each Immigration Court
and makes recommendations for improvements.
(vii) Court Analysis Unit. — The Court Analysis Unit monitors Immigration
Court operations and assists the courts by analyzing caseloads and developing
systems to collect caseload data.
(b) Immigration Courts. — There are more than 400 Immigration Judges in more
than 60 Immigration Courts nationwide. As a general matter, Immigration Judges
determine removability and adjudicate applications for relief from removal. For the
specific duties of Immigration Judges, see Chapter 1.5 (Jurisdiction and Authority). The
decisions of Immigration Judges are final unless timely appealed or certified to the Board
of Immigration Appeals. See Chapter 6 (Appeals of Immigration Judge Decisions).
Court Administrators are assigned to the local office of each Immigration Court.
Under the supervision of an Assistant Chief Immigration Judge, the Court Administrator
manages the daily activities of the Immigration Court and supervises staff interpreters,
legal assistants, and clerical and technical employees.
In each Immigration Court, the Court Administrator serves as the liaison with the
local office of the Department of Homeland Security, the private bar, and non-profit

February 20, 2020
organizations that represent aliens. In some Immigration Courts, a Liaison Judge also
participates as a liaison with these groups.
A listing of the Immigration Courts is available on the Executive Office for

Immigration Review website at www.justice.gov/eoir.
(c) Immigration Judge conduct and professionalism. — Immigration Judges

strive to act honorably, fairly, and in accordance with the highest ethical standards,
thereby ensuring public confidence in the integrity and impartiality of Immigration Court
proceedings. Alleged misconduct by Immigration Judges is taken seriously by the
Department of Justice and the Executive Office for Immigration Review (EOIR), especially
if it impugns the integrity of the hearing process.
Usually, when a disagreement arises with an Immigration Judge’s ruling, the

disagreement is properly raised in a motion to the Immigration Judge or an appeal to the
Board of Immigration Appeals. When a party has an immediate concern regarding an
Immigration Judge’s conduct that is not appropriate for a motion or appeal, the concern
may be raised with the Assistant Chief Immigration Judge (ACIJ) responsible for the court
or the ACIJ for Conduct and Professionalism. Contact information for ACIJs is available
on the EOIR website at www.justice.gov/eoir.
In the alternative, parties may raise concerns regarding an Immigration Judge’s

conduct directly with the Office of the Chief Immigration (OCIJ) by following the
procedures outlined on the EOIR website at www.justice.gov/eoir or by sending an e-mail
to OCIJ at: EOIR.IJConduct@usdoj.gov. Where appropriate, concerns may also be
raised with the Department of Justice, Office of Professional Responsibility. All concerns,
and any actions taken, may be considered confidential and not subject to disclosure.
1.4 Other EOIR Components
(a) Office of the General Counsel. — The Office of the General Counsel (OGC)
provides legal advice to the Executive Office for Immigration Review. OGC also functions
as a resource and point of contact for the public in certain instances. In particular, OGC
responds to Freedom of Information Act requests related to immigration proceedings.
See Chapter 12 (Freedom of Information Act). OGC receives complaints of misconduct
involving immigration practitioners, and initiates disciplinary proceedings where
appropriate. See Chapter 10 (Discipline of Practitioners).
(b) EOIR Fraud and Abuse Prevention Program. — The Executive Office for
Immigration Review (EOIR) Fraud and Abuse Prevention Program was created to protect
the integrity of immigration proceedings by reducing immigration fraud and abuse. The

February 20, 2020
EOIR Fraud and Abuse Prevention Program assists Immigration Judges and EOIR staff
in identifying fraud. In addition, the program shares information with law enforcement and
investigative authorities. The program is an initiative of the EOIR Office of the General
Counsel, as directed by the Attorney General.
Immigration fraud and abuse can take many forms. Fraud is sometimes committed
during Immigration Court proceedings by individuals in proceedings and by their
attorneys. In addition, aliens are often victimized by fraud committed by individuals not
authorized to practice law, who are frequently referred to as “immigration specialists,”
“visa consultants,” “travel agents,” and “notarios.”
Where a person suspects that immigration fraud has been committed, he or she
may report this to the EOIR Fraud and Abuse Prevention Program. Where appropriate,
the EOIR Fraud and Abuse Prevention Program refers cases to other authorities for
further investigation.
Individuals wishing to report immigration fraud or abuse, or other irregular activity,

should contact the EOIR Fraud and Abuse Prevention Program. For contact information,
see Appendix B (EOIR Directory).
(c) Office of Legal Access Programs (OLAP). — The Office of Legal Access
Programs (OLAP) in the Office of Policy is responsible for improving access to legal
information and to representation for persons appearing before the Immigration Courts
and the Board. The Assistant Director for Policy administers the Recognition and
Accreditation Program, including the recognition of organizations and the accreditation of
their representatives wishing to practice before the Immigration Courts, the Board, and
DHS, through OLAP. For contact information, see Appendix B (EOIR Directory).
(i) Legal Orientation Program. — The Legal Orientation Program (LOP)

was created to provide detained aliens with essential and easy-to-understand
information regarding the Immigration Court process, including their rights,
responsibilities, and options for relief from removal. The LOP is a program of the
Office of Legal Access Programs within the Office of Policy.
The LOP is carried out locally through subcontracts with nonprofit legal
agencies in cooperation with a number of local Immigration Courts and detention
facilities.
The LOP providers conduct “group orientations,” which are general rights
presentations given to detained aliens prior to their first Immigration Court hearing.
“Individual orientations” and “self-help workshops” are then provided to

February 20, 2020
unrepresented detainees to assist them with understanding their cases and

identifying potential claims for relief from removal. While the LOP does not pay for
legal representation, all detained aliens at LOP sites are provided access to
program services, which may also include assistance with either locating pro bono
counsel or representing themselves before the court.
More information about the LOP is available on the EOIR website at

(d) Communications and Legislative Affairs Division. — The Communications

and Legislative Affairs Division (CLAD) in the Office of Policy is responsible for the public
relations of the Executive Office for Immigration Review (EOIR), including the Office of
the Chief Immigration Judge. Because the Department of Justice policy prohibits
interviews with Immigration Judges, CLAD serves as EOIR’s liaison with the press.
(e) Law Library and Immigration Research Center. — The Law Library and
Immigration Research Center (LLIRC) is maintained by the Executive Office for
Immigration Review (EOIR) for use by EOIR staff and the general public. The LLIRC
maintains a “Virtual Law Library” accessible on the EOIR website at www.justice.gov/eoir.
See Chapter 1.6(b) (Library and online resources).
1.5 Jurisdiction and Authority
(a) Jurisdiction. — Immigration Judges generally have the authority to:
o make determinations of removability, deportability, and excludability
o adjudicate applications for relief from removal or deportation, including,

but not limited to, asylum, withholding of removal (“restriction on
removal”), protection under the Convention Against Torture, cancellation
of removal, adjustment of status, registry, and certain waivers
o review credible fear and reasonable fear determinations made by the

Department of Homeland Security (DHS)
o conduct claimed status review proceedings
o conduct custody hearings and bond redetermination proceedings
o make determinations in rescission of adjustment of status and departure

control cases

February 20, 2020
o take any other action consistent with applicable law and regulation as
may be appropriate, including such actions as ruling on motions, issuing
subpoenas, and ordering pre-hearing conferences and statements
See 8 C.F.R. §§ 1240.1(a), 1240.31, 1240.41.
Immigration Judges also have the authority to:
o conduct disciplinary proceedings pertaining to attorneys and accredited

representatives, as discussed in Chapter 10 (Discipline of Practitioners)
o administer the oath of citizenship in administrative naturalization

ceremonies conducted by DHS
o conduct removal proceedings initiated by the Office of Special

Investigations
(b) No jurisdiction. — Although Immigration Judges exercise broad authority over

matters brought before the Immigration Courts, there are certain immigration-related
matters over which Immigration Judges do not have authority, such as:
o visa petitions
o employment authorization
o certain waivers
o naturalization applications
o revocation of naturalization
o parole into the United States under INA § 212(d)(5)
o applications for advance parole
o employer sanctions
o administrative fines and penalties under 8 C.F.R. parts 280 and 1280

February 20, 2020
o determinations by the Department of Homeland Security involving safe

third country agreements
See 8 C.F.R. §§ 103.2, 1003.42(h), 28 C.F.R. § 68.26.
(c) Immigration Judge decisions. — Immigration Judges render oral and written
decisions at the end of Immigration Court proceedings. See Chapter 4.16(g) (Decision).
A decision of an Immigration Judge is final unless a party timely appeals the decision to
the Board of Immigration Appeals or the case is certified to the Board. Parties should
note that the certification of a case is separate from any appeal in the case. See Chapter
6 (Appeals of Immigration Judge Decisions).
(d) Board of Immigration Appeals. — The Board of Immigration Appeals has

broad authority to review the decisions of Immigration Judges. See 8 C.F.R. § 1003.1(b).
See also Chapter 6 (Appeals of Immigration Judge Decisions). Although the Immigration
Courts and the Board are both components of the Executive Office for Immigration
Review, the two are separate and distinct entities. Thus, administrative supervision of
Board Members is vested in the Chairman of the Board, not the Office of the Chief
Immigration Judge. See Chapter 1.2(c) (Relationship to the Board of Immigration
Appeals). See Appendix C (Organizational Chart).
(e) Department of Homeland Security. — The Department of Homeland Security

(DHS) enforces the immigration and nationality laws and represents the United States
government’s interests in immigration proceedings. DHS also adjudicates visa petitions
and applications for immigration benefits. See, e.g., 8 C.F.R. § 1003.1(b)(4), (5). DHS
is entirely separate from the Department of Justice and the Executive Office for
Immigration Review. When appearing before an Immigration Court, DHS is deemed a
party to the proceedings and is represented by its component, U.S. Immigration and
Customs Enforcement (ICE). See Chapter 1.2(d) (Relationship to the Department of
Homeland Security (DHS)).
(f) Attorney General. — Decisions of Immigration Judges are reviewable by the

Board of Immigration Appeals. The Board’s decisions may be referred to the Attorney
General for review. Referral may occur at the Attorney General’s request, or at the
request of the Department of Homeland Security or the Board. The Attorney General
may vacate any decision of the Board and issue his or her own decision in its place. See
8 C.F.R. § 1003.1(d)(1)(i), (h). Decisions of the Attorney General may be published as
precedent decisions. The Attorney General’s precedent decisions appear with the
Board’s precedent decisions in Administrative Decisions Under Immigration and
Nationality Law of the United States (“I&N Decisions”).

February 20, 2020
(g) Federal courts. — Decisions of Immigration Judges are reviewable by the

Board of Immigration Appeals. In turn, decisions of the Board are reviewable in certain
federal courts, depending on the nature of the appeal. When a decision of the Board is
reviewed by a federal court, the Board provides that court with a certified copy of the
record before the Board. This record includes the Record of Proceedings before the
Immigration Judge.
1.6 Public Access
(a) Court locations. —
(i) Office of the Chief Immigration Judge. — The Office of the Chief
Immigration Judge, which oversees the administration of the Immigration Courts
nationwide, is located at the Executive Office for Immigration Review headquarters
in Falls Church, Virginia. See Appendix B (EOIR Directory).
(ii) Hearing locations. — There are more than 400 Immigration Judges in
more than 60 Immigration Courts in the United States. A list of Immigration Courts
is available in Appendix A (Immigration Court Addresses), as well as on the
Executive Office for Immigration Review website at www.justice.gov/eoir.
Immigration Judges sometimes hold hearings in alternate locations, such

as designated detail cities where the caseload is significant but inadequate to
warrant the establishment of a permanent Immigration Court. Immigration Judges
also conduct hearings in Department of Homeland Security detention centers
nationwide, as well as many federal, state, and local correctional facilities.
Documents pertaining to hearings held in these locations are filed at the
appropriate Administrative Control Court. See Chapter 3.1(a)(i) (Administrative
Control Court).
In addition, hearings before Immigration Judges are sometimes conducted

by video conference or, under certain conditions, by telephone conference. See
Chapter 4.7 (Hearings by Video or Telephone Conference).
With certain exceptions, hearings before Immigration Judges are open to

the public. See Chapter 4.9 (Public Access). The public’s access to immigration
hearings is discussed in Chapter 4.14 (Access to Court). For additional information
on the conduct of hearings, see Chapters 4.12 (Courtroom Decorum), 4.13
(Electronic Devices).
(b) Library and online resources. —

February 20, 2020
(i) Law Library and Immigration Research Center. — CLAD maintains a

Law Library and Immigration Research Center (LLIRC) at 5107 Leesburg Pike,
Suite 1824, Falls Church, Virginia. The LLIRC maintains select sources of
immigration law, including Board decisions, federal statutes and regulations,
federal case reporters, immigration law treatises, and various secondary sources.
The LLIRC serves the Executive Office for Immigration Review (EOIR), including
the Office of the Chief Immigration Judge and the Immigration Courts, as well as
the general public. For hours of operation, directions, and collection information,
contact the LLIRC at (703) 605-1103 or visit the EOIR website at
www.justice.gov/eoir. See Appendix B (EOIR Directory).
The LLIRC is not a lending library, and all printed materials must be
reviewed on the premises. LLIRC staff may assist patrons in locating materials,
but are not available for research assistance. LLIRC staff do not provide legal
advice or guidance regarding filing or procedures for matters before the
Immigration Courts. LLRC staff may, however, provide guidance in locating
published decisions of the Board.
Limited self-service copying is available in the LLIRC.
(ii) Virtual Law Library. — The LLIRC maintains a “Virtual Law Library,”
accessible on the Executive Office for Immigration Review website at
www.justice.gov/eoir. The Virtual Law Library serves as a comprehensive
repository of immigration-related law and information for use by the general public.
(c) Records. —
(i) Inspection by parties. — Parties to a proceeding, and their

representatives, may inspect the official record, except for classified information,
by prior arrangement with the Immigration Court having control over the record.
See Chapters 3.1(a)(i) (Administrative Control Court), 4.10(c) (Record of
Proceedings). Removal of records by parties or other unauthorized persons is
prohibited.
(ii) Inspection by non-parties. — Persons or entities who are not a party

to a proceeding must file a request for information pursuant to the Freedom of
Information Act (FOIA) to inspect the Record of Proceedings. See Chapter 12
(Freedom of Information Act).

February 20, 2020
(iii) Copies for parties. — The Immigration Court has the discretion to
provide parties or their legal representatives with a copy of the hearing recordings
and up to 25 pages of the record without charge, subject to the availability of court
resources. Self-service copying is not available. However, parties may be
required to file a request under FOIA to obtain these items. See Chapter 12
(Freedom of Information Act).
(A) Digital audio recordings. — Immigration Court hearings are

recorded digitally. If a party is requesting a copy of a hearing that was
recorded digitally, the court will provide the compact disc.
(B) Cassette recordings. — Previously, Immigration Court hearings

were recorded on cassette tapes. If a party is requesting a copy of a hearing
that was recorded on cassette tapes, the party must provide a sufficient
number of 90-minute cassette tapes.
(iv) Copies for non-parties. — The Immigration Court does not provide
non-parties with copies of any official record, whether in whole or in part. To obtain
an official record, non-parties must file a request for information under FOIA. See
Chapter 12 (Freedom of Information Act).
(v) Confidentiality. — The Immigration Courts take special precautions to

ensure the confidentiality of cases involving aliens in exclusion proceedings,
asylum applicants, battered alien spouses and children, classified information, and
information subject to a protective order. See Chapter 4.9 (Public Access).
1.7 Inquiries
(a) Generally. — All inquiries to an Immigration Court must contain or provide the
following information for each alien:
o complete name (as it appears on the charging document)
o alien registration number (“A number“)
o type of proceeding (removal, deportation, exclusion, bond, etc.)
o date of the upcoming master calendar or individual calendar hearing
o the completion date, if the court proceedings have been completed

February 20, 2020
See also Chapter 3.3(c)(vi) (Cover page and caption), Appendix F (Sample Cover Page).
(b) Press inquiries. — All inquiries from the press should be directed to the
Executive Office for Immigration Review, Office of Policy, Communications and
Legislative Affairs Division. For contact information, see Appendix B (EOIR Directory).
(c) Automated Case Information Hotline. — The Automated Case Information

Hotline provides information about the status of cases before an Immigration Court or the
Board of Immigration Appeals. See Appendix B (EOIR Directory), Appendix I (Telephonic
Information). The Automated Case Information Hotline contains a telephone menu (in
English and Spanish) covering most kinds of cases. The caller must enter the alien
registration number (“A number”) of the alien involved. A numbers have nine digits (e.g.,
A 234 567 890). Formerly, A numbers had eight digits (e.g., A 12 345 678). In the case
of an eight-digit A number, the caller should enter a “0" before the A number (e.g., A 012
345 678).
For cases before the Immigration Court, the Automated Case Information Hotline
contains information regarding:
o the next hearing date, time, and location
o in asylum cases, the elapsed time and status of the asylum clock
o Immigration Judge decisions
The Automated Case Information Hotline does not contain information regarding:
o bond proceedings
o motions
Inquiries that cannot be answered by the Automated Case Information Hotline may
be directed to the Immigration Court in which the proceedings are pending or to the
appropriate Administrative Control Court. See Chapter 3.1(a)(i) (Administrative Control
Courts). Callers must be aware that Court Administrators and other staff members are
prohibited from providing any legal advice and that no information provided by Court
Administrators or other staff members may be construed as legal advice.
(d) Inquiries to Immigration Court staff. — Most questions regarding

Immigration Court proceedings can be answered through the automated telephone
number, known as the Automated Case Information Hotline. See subsection (c), above.

February 20, 2020
For other questions, telephone inquiries may be made to Immigration Court staff. Collect
calls are not accepted.
If a telephone inquiry cannot be answered by Immigration Court staff, the caller

may be advised to submit an inquiry in writing, with a copy served on the opposing party.
See Appendix A (Immigration Court Addresses).
In addition, Court Administrators and other staff members cannot provide legal
advice to parties.
(e) Inquiries to specific Immigration Judges. — Callers must bear in mind that
Immigration Judges cannot engage in ex parte communications. A party cannot speak
about a case with the Immigration Judge when the other party is not present, and all
written communications about a case must be served on the opposing party.
(f) Faxes. — Immigration Courts generally do not accept inquiries by fax. See
Chapter 3.1(a)(vii) (Faxes and e-mail).
(g) Electronic communications. —
(i) Internet. — The Executive Office for Immigration Review (EOIR)

maintains a website at www.justice.gov/eoir. See Appendix A (Directory). The
website contains information about the Immigration Courts, the Office of the Chief
Immigration Judge, the Board of Immigration Appeals, and the other components
of EOIR. It also contains newly published regulations, the Board’s precedent
decisions, and a copy of this manual. See Chapters 1.4(e) (Law Library and
Immigration Research Center), 1.6(b) (Library and online resources).
(ii) E-mail. — Immigration Courts generally do not accept inquiries by e-

mail.
(iii) Internet Immigration Information (I3). — The Internet Immigration

Information (I3, pronounced “I-cubed”) is a suite of EOIR web-based products that
includes eRegistry, eFiling, and eInfo. Access to these online electronic products
is available on EOIR’s website at http://www.justice.gov/eoir/internet-immigration-
info.
(A) Electronic Registry (eRegistry). — Attorneys and fully

accredited representatives who are accredited to appear before EOIR must
electronically register with EOIR in order to practice before the Immigration

February 20, 2020
Courts. eRegistry is the online process that is used to electronically register

with EOIR. See Chapter 2.3(b)(i) (eRegistry).
(B) Electronic filing (eFiling). — The Immigration Court accepts

electronic submission of the Notice of Entry of Appearance as an Attorney
or Representative Before the Immigration Court (Form EOIR-28) except in
certain situations. See Chapter 2.3(c) (Appearances).
(C) Electronic Case Information (eInfo). — The Electronic Case

Information System or “eInfo” provides information about the status of cases
before an Immigration Court or the Board of Immigration Appeals. The
information provided by eInfo is similar to that which is available by
telephone via the Automated Case Information Hotline. See Chapter 1.7(c)
(Automated Case Information Hotline). eInfo is available only to registered
attorneys and fully accredited representatives who electronically register
with EOIR. See subsection (A), above.
(h) Emergencies and requests to advance hearing dates. — If circumstances

require urgent action by an Immigration Judge, parties should follow the procedures set
forth in Chapters 5.10(b) (Motion to advance) or 8 (Stays), as appropriate.

February 20, 2020
Practice Manual Appearances before the Immigration Court
Chapter 2 Appearances before the Immigration Court
2.1 Representation Generally
(a) Types of representatives. — The regulations specify who may represent

parties in immigration proceedings. See 8 C.F.R. § 1292.1. As a practical matter, there
are four categories of people who may present cases in Immigration Court: unrepresented
aliens (Chapter 2.2), attorneys (Chapter 2.3), accredited representatives (Chapter 2.4),
and certain categories of persons who are expressly recognized by the Immigration Court
(Chapters 2.5, 2.8, and 2.9).
Attorneys and accredited representatives must register with EOIR in order to

practice before the Immigration Court. See 8 C.F.R. § 1292.1(a)(1), (a)(4), (f); Chapters
2.3(b)(i) (eRegistry), 2.4 (Accredited Representatives).
No one else is recognized to practice before the Immigration Court. Non-lawyer

immigration specialists, visa consultants, and “notarios,” are not authorized to represent
parties before an Immigration Court.
(b) Entering an appearance. — All representatives must file a Notice of Entry of

Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-
28). See 8 C.F.R. §§ 1003.17(a), 1003.23(b)(1)(ii). A Form EOIR-28 may be filed in one
of two ways: either as an electronic Form EOIR-28, or as a paper Form EOIR-28.
Persons appearing without an attorney or representative (“pro se”) should not file
a Form EOIR-28.
Note that different forms are used to enter an appearance before an Immigration
Court, the Board of Immigration Appeals, and the Department of Homeland Security
(DHS). The forms used to enter an appearance before the Board and DHS are as follows:
o the Notice of Entry of Appearance as Attorney or Representative

Before the Board of Immigration Appeals (Form EOIR-27) is used to
enter an appearance before the Board
o the Notice of Entry of Appearance of Attorney or Representative

(Form G-28) is used to enter an appearance before DHS

February 20, 2020
The Immigration Court will not recognize a representative using a Form EOIR-27
or a Form G-28.
(i) Electronic entry of appearance. — After registering with the EOIR

eRegistry, attorneys and accredited representatives may file either an electronic
or paper Form EOIR-28 in the following situations:
o the first appearance of the representative, either at a hearing or by

filing a pleading, motion, application, or other document
o whenever a case is remanded to the Immigration Court
o any change of business address or telephone number for the

attorney or representative
o upon reinstatement following an attorney’s suspension or expulsion

from practice
In order to file an electronic Notice of Entry of Appearance as Attorney or

Representative Before the Immigration Court (Form EOIR-28), an attorney or
accredited representative should refer to the instructions for the EOIR eRegistry,
which can be found on the Executive Office for Immigration Review website at
Attorneys and accredited representatives who electronically file a Form

EOIR-28 close to a hearing may be required to complete a paper Form EOIR-28
at the hearing.
(ii) Paper entry of appearance. — A paper, not an electronic, Form EOIR-

28 must be filed in the following situations:
o A bond redetermination request made before the filing of a Notice

to Appear with an Immigration Court
o A motion to reopen
o A motion to reconsider
o A motion to recalendar proceedings that are administratively

February 20, 2020
closed
o A motion to substitute counsel
o A case in which there is more than one open proceeding
o Disciplinary proceedings
When filing a paper Form EOIR-28, representatives should be sure to use the most
current version of the form, which can be found on the EOIR website at
www.justice.gov/eoir. See also Chapter 11 (Forms), Appendix E (Forms).
(c) Notice to opposing party. — In all instances of representation, the

Department of Homeland Security must be served with a copy of the Notice of Entry of
Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-
28). See Chapter 3.2 (Service on the Opposing Party). Even when an attorney or
accredited representative files a Form EOIR-28 electronically with the Immigration Court,
a printed copy of the electronically filed Form EOIR-28 must be served on the Department
of Homeland Security for each case. See Chapter 3.2(c) (Method of service).
(d) Who may file. — Whenever a party is represented, the party should submit all
filings and communications to the Immigration Court through the representative. See 8
C.F.R. § 1292.5(a). An individual who is not a party to a proceeding may not file
documents with the court. See Chapters 5.1(c) (Persons not party to the proceedings),
3.2 (Service on the Opposing Party).
2.2 Unrepresented Aliens (“Pro se” Appearances)
(a) Generally. — An individual in proceedings may represent himself or herself

before the Immigration Court.
Many individuals choose to be represented by an attorney or accredited

representative. Due to the complexity of the immigration and nationality laws, the Office
of the Chief Immigration Judge recommends that those who can obtain qualified
professional representation do so. See Chapters 2.3(b) (Qualifications), 2.4 (Accredited
Representatives), 2.5 (Law Students and Law Graduates)

February 20, 2020
Practice Manual Appearances Before the Immigration Court
(b) Legal service providers. — The Immigration Courts cannot give advice
regarding the selection of a representative. However, aliens in proceedings before an
Immigration Court are provided with a list of free or low cost legal service providers within
the region in which the Immigration Court is located. See 8 C.F.R. §§ 1003.61(a),
1292.2(a). The list is maintained by the Office of the Chief Immigration Judge and contains
information on attorneys, bar associations, and certain non-profit organizations willing to
provide legal services to indigent individuals in Immigration Court proceedings at little or
no cost. The free or low cost legal service providers may not be able to represent every
individual who requests assistance.
In addition, all of the lists of free legal service providers nationwide are available
on the EOIR website at www.justice.gov/eoir.
(c) Address obligations. — Whether represented or not, aliens in proceedings

before the Immigration Court must notify the Immigration Court within 5 days of any
change in address or telephone number, using the Alien’s Change of Address Form
(Form EOIR-33/IC). See 8 C.F.R. § 1003.15(d)(2). In many instances, the Immigration
Court will send notification as to the time, date, and place of hearing or other official
correspondence to the alien’s address. If an alien fails to keep address information up to
date, a hearing may be held in the alien’s absence, and the alien may be ordered removed
even though the alien is not present. This is known as an “in absentia” order of removal.
Parties should note that notification to the Department of Homeland Security of a

change in address does not constitute notification to the Immigration Court.
(i) Change of address or telephone number. — Changes of address or

telephone number must be in writing and only on the Alien’s Change of Address
Form (Form EOIR-33/IC). Unless the alien is detained, no other means of
notification are acceptable. Changes in address or telephone numbers
communicated through pleadings, motion papers, correspondence, telephone
calls, applications for relief, or other means will not be recognized, and the address
information on record will not be changed.
(ii) Form EOIR-33/IC. — The alien should use only the most current
version of the Aliens’s Change of Address Form (Form EOIR-33/IC). The Form
EOIR-33/IC is available at the Immigration Court and on the Executive Office for
Immigration Review website at www.justice.gov/eoir. See also Chapter 11 (Forms)
and Appendix E (Forms). Individuals in proceedings should observe the distinction
between the Immigration Court’s Change of Address Form (Form EOIR-33/IC) and

18 February 20, 2020
the Board of Immigration Appeal’s Change of Address Form (Form EOIR-33/BIA).

The Immigration Courts will not recognize changes in address or telephone
numbers communicated on the Board of Immigration Appeal’s Change of Address
Form (Form EOIR-33/BIA), and the address information on record will not be
changed.
(iii) Motions. — An alien should file an Alien’s Change of Address Form

(Form EOIR-33/IC) when filing a motion to reopen, a motion to reconsider, or a
motion to recalendar. This ensures that the Immigration Court has the alien’s most
current address when it adjudicates the motion.
(d) Address obligations of detained aliens. — When an alien is detained, the

Department of Homeland Security (DHS) is obligated to report the location of the alien’s
detention to the Immigration Court. DHS is also obligated to report when an alien is
moved between detention locations and when he or she is released. See 8 C.F.R. §
1003.19(g).
(i) While detained. — As noted in (d), above, DHS is obligated to notify the
Immigration Court when an alien is moved between detention locations. See 8
C.F.R. § 1003.19(g).
(ii) When released. — The Department of Homeland Security is

responsible for notifying the Immigration Court when an alien is released from
custody. 8 C.F.R. § 1003.19(g). Nonetheless, the alien should file an Alien’s
Change of Address Form (Form EOIR-33/IC) with the Immigration Court within 5
days of release from detention to ensure that Immigration Court records are
current. See Chapter 2.2(c) (Address obligations).
2.3 Attorneys
(a) Right to counsel. — An alien in immigration proceedings may be represented

by an attorney of his or her choosing, at no cost to the government. As in most civil or
administrative proceedings, the government does not provide legal counsel. The
Immigration Court provides aliens with a list of attorneys who may be willing to represent
aliens for little or no cost, and many of these attorneys handle cases on appeal as well.
See Chapter 2.2(b) (Legal service providers). Bar associations and nonprofit agencies
can also refer aliens to practicing attorneys.
(b) Qualifications. — An attorney may practice before the Immigration Court only
if he or she is a member in good standing of the bar of the highest court of any state,
possession, territory, or Commonwealth of the United States, or the District of Columbia,

and is not under any order suspending, enjoining, restraining, disbarring, or otherwise
restricting him or her in the practice of law. See 8 C.F.R. §§ 1001.1(f), 1292.1(a)(1). Any
attorney practicing before the Immigration Court who is the subject of such discipline in
any jurisdiction must promptly notify the Executive Office for Immigration Review, Office
of the General Counsel. See Chapter 10.6 (Duty to Report). In addition, an attorney must
be registered with EOIR in order to practice before the Immigration Court. See 8 C.F.R.
§ 1292.1(f), and Chapter 2.3(b)(i) (eRegistry), below.
(i) eRegistry. — An attorney must register with the EOIR eRegistry in order
to practice before the Immigration Court. See 8 C.F.R. § 1292.1(f). Registration
must be completed online on the EOIR website at www.justice.gov/eoir.
(A) Administrative suspension. — If an attorney fails to register,

he or she may be administratively suspended from practice before the
Immigration Court. See 8 C.F.R. § 1292.1(f). Multiple attempts by an
unregistered attorney to appear before EOIR may result in disciplinary
sanctions. See 8 C.F.R. § 1003.101(b).
(B) Appearance by unregistered attorney. — An Immigration

Judge may, under extraordinary and rare circumstances, permit an
unregistered attorney to appear at one hearing if the attorney files a Notice
of Entry of Appearance as Attorney or Representative Before the
Immigration Court (Form EOIR-28), and provides, on the record, the
following registration information: name; date of birth; business
address(es); business telephone number(s); e-mail address; and bar
admission information (including bar number if applicable) for all the
jurisdictions in which the attorney is licensed to practice, including those in
which he or she is inactive. See 8 C.F.R. § 1292.1(f). An unregistered
attorney who is permitted to appear at one hearing in such circumstances
must complete the electronic registration process without delay after that
hearing.
(c) Appearances. — Attorneys must enter an appearance before the Immigration

Court by filing a Notice of Entry of Appearance as Attorney or Representative Before the
Immigration Court (Form EOIR-28). See 8 C.F.R. §§ 1003.17(a), 1003.23(b)(1)(ii). A
Form EOIR-28 may be filed in one of two ways: either as an electronic Form EOIR-28, or
as a paper Form EOIR-28. See Chapter 2.1(b) (Entering an appearance). A Form EOIR-
28 should always be filed in the situations described in Chapter 2.1(b) (Entering an
appearance). If a paper Form EOIR-28 is submitted with other documents, the Form
EOIR-28 should be at the front of the package. See Chapter 3.3(c) (Format). It should
not be included as an exhibit, as part of an exhibit, or with other supporting materials. In

addition, whether filed electronically or on paper, the Form EOIR-28 must be served on
the opposing party. See Chapter 3.2 (Service on the Opposing Party). If information is
omitted from the Form EOIR-28 or it is not properly completed, the attorney’s appearance
may not be recognized, and the accompanying filing may be rejected.
(i) Form EOIR-28. — When filing Form EOIR-28 on paper rather than
electronically, attorneys should use the most current version of the Notice of Entry
of Appearance as Attorney or Representative Before the Immigration Court (Form
EOIR-28), which can be found on the Executive Office for Immigration Review
(EOIR) website at www.justice.gov/eoir. See also Chapter 11 (Forms), Appendix
E (Forms). The use of green paper when filing a paper Form EOIR-28 is strongly
encouraged. See Chapter 11.2(f) (Form colors).
Attorneys should observe the distinction between the Immigration Courts’

Notice of Appearance (Form EOIR-28) and the Board of Immigration Appeal’s
Notice of Appearance (Form EOIR-27). The Immigration Courts will not recognize
an attorney based on a Form EOIR-27, whether filed with the Board or the
Immigration Court. Accordingly, when a case is remanded from the Board to the
Immigration Court, the attorney must file a new Form EOIR-28.
(ii) Attorney information. — The Notice of Entry of Appearance as

Attorney or Representative Before the Immigration Court (Form EOIR-28) must
bear an individual attorney’s current address and the attorney’s signature in
compliance with the requirements of Chapter 3.3(b) (Signatures). When filing a
paper Form EOIR-28, all information required on the form, including the date,
should be typed or printed clearly. Note that the EOIR ID number issued by EOIR
through the eRegistry process must be provided on the Form EOIR-28.
(iii) Bar information. — When an attorney is a member of a state bar which

has a state bar number or corresponding court number, the attorney must provide
that number on the Notice of Entry of Appearance as Attorney or Representative
Before the Immigration Court (Form EOIR-28). If the attorney has been admitted
to more than one state bar, each and every state bar to which the attorney has
ever been admitted–including states in which the attorney is no longer an active
member or has been suspended, expelled, or disbarred–must be listed and the
state bar number, if any, provided.
(iv) Disciplinary information. — The box regarding attorney bar

membership and disciplinary action on the Form EOIR-28 must only be checked if
the attorney is not subject to any order disbarring, suspending, or otherwise

restricting him or her in the practice of law. If the attorney is subject to discipline,
then the attorney must provide information on the back of the form. (Attorneys
may attach an explanatory supplement or other documentation to the form.) An
attorney who fails to provide discipline information will not be recognized by the
Immigration Court and may be subject to disciplinary action.
(d) Scope of representation. — When filing a Notice of Entry of Appearance as

Attorney or Representative Before the Immigration Court (Form EOIR-28) an attorney
must check the box indicating whether the entry of appearance is for all proceedings,
custody and bond proceedings only, or all proceedings other than custody and bond
proceedings. Once an attorney has made an appearance, that attorney has an obligation
to continue representation until such time as a motion to withdraw or substitute counsel
has been granted by the Immigration Court. See Chapter 2.3(i) (Change in
representation). When an attorney wishes to change the scope of his or her appearance
in a particular case, the attorney or representative must file a new Form EOIR-28 and, if
necessary, a motion to withdraw or substitute counsel. For example:
o If an attorney previously filed a Form EOIR-28 and checked the box

indicating that the entry of appearance is for custody and bond proceedings
only, and the attorney later wishes to represent the same alien in removal
proceedings as well, the attorney must file a new Form EOIR-28 and check
the box indicating that the entry of appearance is for all proceedings.
o If an attorney previously filed a Form EOIR-28 and checked the box

indicating that the entry of appearance is for all proceedings, and the
attorney later no longer wishes to represent the alien in removal
proceedings but does wish to continue representing the alien in custody and
bond proceedings only, the attorney must file a motion to withdraw from the
removal proceedings as well as a new Form EOIR-28 in which the attorney
has checked the box indicating that the entry of appearance is for custody
and bond proceedings only.
(e) Multiple representatives. — Sometimes, an alien may retain more than one
attorney at a time. In such cases, all of the attorneys are representatives of record, and
will all be held responsible as attorneys for the respondent. One of the attorneys is
recognized as the primary attorney (notice attorney). All of the attorneys must file Notices
of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form
EOIR-28), checking the appropriate box to reflect whether the attorney is the primary
attorney or a non-primary attorney. All submissions to the Immigration Court must bear
the name of one of the representatives of record and be signed by that attorney. See
subsection (c), above. See also Chapter 3.3(b) (Signatures).

(f) Law firms. — Only individuals, not firms or offices, may represent parties before
the Immigration Court. In every instance of representation, a named attorney must enter
an appearance to act as an attorney of record. In addition, all filings must be signed by
an attorney of record. See Chapter 3.3(b) (Signatures). Accordingly, the Immigration
Court does not recognize appearances or accept pleadings, motions, briefs, or other
filings submitted by a law firm, law office, or other entity if the name and signature of an
attorney of record is not included. See subsection (e), above. See also Chapter 3.3(b)(ii)
(Law firms). If, at any time, more than one attorney represents an alien, one of the
attorneys must be designated as the primary attorney (notice attorney). See subsection
(e), above.
(i) Change in firm. — In the event that an attorney departs a law firm but
wishes to continue representing the alien, the attorney must promptly file a new
Notice of Entry of Appearance of Attorney or Representative Before the
Immigration Court (Form EOIR-28). The new Notice of Appearance must reflect
any change of address and apprize the Immigration Court of his or her change in
affiliation. The attorney should check the “new address” box in the address block
of the new Form EOIR-28, which must be served on the opposing party. See
Chapter 3.2 (Service on the Opposing Party).
(ii) Change in attorney. — If the attorney of record leaves a law firm but
the law firm wishes to retain the case, another attorney in the firm must file a motion
for substitution of counsel. Similarly, if a law firm wishes to reassign responsibility
for a case from one attorney to another attorney in the firm, the new attorney must
file a motion for substitution of counsel. Until such time as a motion for substitution
of counsel is granted, the original attorney remains the alien’s attorney and is
responsible for the case. See subsection (i)(i), below.
(g) Service upon counsel. — Service of papers upon counsel of a represented

party constitutes service on the represented party. See 8 C.F.R. § 1292.5(a), Chapter
3.2(f) (Representatives and service).
(h) Address obligations of counsel. — Attorneys who enter an appearance

before the Immigration Court have an affirmative duty to keep the Immigration Court
apprised of their current address and telephone number. See 8 C.F.R. § 1003.15(d)(2).
Changes in counsel’s address or telephone number should be made by updating the
attorney’s registration information in the EOIR eRegistry to include the new address and
telephone number. See Chapter 2.3(b)(i) (eRegistry). In addition, once the new address
is added to the attorney’s registration information, the attorney must submit a new
electronic or paper Notice of Entry of Appearance of Attorney or Representative Before
the Immigration Court (Form EOIR-28) for each alien for which the attorney address is

being changed. If an attorney has multiple addresses, the attorney should make sure
that the appropriate attorney address is designated for each alien. See Chapter 2.3(c)
(Appearances). The attorney also should check the “New Address” box in the address
block on the Form EOIR-28. The attorney should not submit an Alien’s Change of Address
Form (Form EOIRB33/IC) to notify the Immigration Court of a change in the attorney’s
address.
(i) No compound changes of address. — An attorney may not simply

submit a list of clients for whom his or her change of address should be entered.
Attorneys must submit a new electronic or paper Notice of Entry of Appearance of
Attorney or Representative Before the Immigration Court (Form EOIR-28) for each
alien he or she represents.
(ii) Address obligations of represented aliens. — Even when an alien is

represented, the alien is still responsible for keeping the Immigration Court
apprised of his or her address and telephone number. Changes of address or
telephone number for the alien may not be made on the Notice of Entry of
Appearance of Attorney or Representative Before the Immigration Court (Form
EOIR-28) but must be made on the Alien’s Change of Address Form (Form EOIR-
33/IC). See Chapter 2.2(c) (Address obligations).
(i) Change in representation. — Changes in representation may be made as

described in subsections (i) through (iii), below.
(i) Substitution of counsel. — When an alien wishes to substitute a new

attorney for a previous attorney, the new attorney must submit a written or oral
motion for substitution of counsel, accompanied by a Notice of Entry of
Appearance of Attorney or Representative Before the Immigration Court (Form
EOIR-28). The new attorney must file a paper Form EOIR-28, not an electronic
Form EOIR-28. See 8 C.F.R. § 1003.17(b), Chapter 2.1(b) (Entering an
appearance). If in writing, the motion should be filed with a cover page labeled
“MOTION FOR SUBSTITUTION OF COUNSEL” and comply with the deadlines
and requirements for filing. See Chapter 3 (Filing with the Immigration Court),
Appendix F (Sample Cover Page). The motion should contain the following
information:
o whether the motion to substitute counsel is for all proceedings, custody

and bond proceedings only, or all proceedings other than custody and
bond proceeding

o the reason(s) for the substitution of counsel, in conformance with

applicable state bar and other ethical rules
o evidence that prior counsel has been notified about the motion for
substitution of counsel
o evidence of the alien’s consent to the substitution of counsel
If the motion is in writing, the new counsel should serve a copy of the motion
and executed Form EOIR-28 on prior counsel as well as the Department of
Homeland Security. A Proof of Service of the motion and Form EOIR-28 on prior
counsel is sufficient to show that prior counsel has been notified about the motion
to substitute counsel.
In adjudicating a motion for substitution of counsel, the time remaining

before the next hearing and the reason(s) given for the substitution are taken into
consideration. Extension requests based on substitution of counsel are not
favored.
If a motion for substitution of counsel is granted, prior counsel need not file
a motion to withdraw. However, until a motion for substitution of counsel is
granted, the original counsel remains the alien’s attorney of record and must
appear at all scheduled hearings.
The granting of a motion for substitution of counsel does not constitute a

continuance of a scheduled hearing. Accordingly, parties must be prepared to
proceed at the next scheduled hearing.
(ii) Withdrawal of counsel. — When an attorney wishes to withdraw from

representing an alien, and the alien has not obtained a new attorney, the attorney
must submit a written or oral motion to withdraw. See 8 C.F.R. § 1003.17(b). If in
writing, the motion should be filed with a cover page labeled “MOTION TO
WITHDRAW AS COUNSEL” and comply with the deadlines and requirements for
filing. See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample
Cover Page). The motion should contain the following information:
o whether the motion to withdraw is for all proceedings, custody and bond
proceedings only, or all proceedings other than custody and bond
proceedings

o the reason(s) for the withdrawal of counsel, in conformance with

applicable state bar or other ethical rules
o the last known address of the alien
o a statement that the attorney has notified the alien of the request to
withdraw as counsel or, if the alien could not be notified, an explanation
of the efforts made to notify the alien of the request
o evidence of the alien’s consent to withdraw or a statement of why

evidence of such consent is unobtainable
o evidence that the attorney notified or attempted to notify the alien, with
a recitation of specific efforts made, of (a) pending deadlines; (b) the
date, time, and place of the next scheduled hearing; (c) the necessity of
meeting deadlines and appearing at scheduled hearings; and (d) the
consequences of failing to meet deadlines or appear at scheduled
hearings
In adjudicating a motion to withdraw, the time remaining before the next

hearing and the reason(s) given for the withdrawal are taken into consideration.
Until a motion to withdraw is granted, the attorney who filed the motion
remains the alien’s attorney of record and must attend all scheduled hearings.
(iii) Release of counsel. — When an alien elects to terminate

representation by counsel, the counsel remains the attorney of record until the
Immigration Judge has granted either a motion for substitution of counsel or a
motion to withdraw, as appropriate. See subsections (i) and (ii), above.
(j) Appearances “on behalf of.” — Appearances “on behalf of” occur when a
second attorney appears on behalf of the attorney of record at a specific hearing before
the Immigration Court. The attorney making the appearance need not work at the same
firm as the attorney of record. Appearances “on behalf of” are permitted as described
below.
First, the attorney making the appearance must notify the Immigration Judge on
the record that he or she is appearing on behalf of the attorney of record.
Second, the attorney making the appearance must file a Notice of Entry of
Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28)

with the Immigration Court and serve it on the opposing party. The attorney must file a
paper Form EOIR-28, not an electronic Form EOIR-28. See Chapter 2.1(b) (Entering an
appearance). The attorney must check the box on the Form EOIR-28 indicating that he
or she is making an appearance on behalf of the attorney of record and fill in the name of
the attorney of record.
Third, the appearance on behalf of the attorney of record must be authorized by

the Immigration Judge.
At the hearing, the attorney making the appearance may file documents on behalf
of the alien. The attorney making the appearance cannot file documents on behalf of the
alien at any other time. See Chapters 3.3(b) (Signatures), 3.2 (Service on the Opposing
Party). The attorney of record need not file a new Form EOIR-28 after the hearing.
(k) Attorney misconduct. — The Executive Office for Immigration Review has
the authority to impose disciplinary sanctions upon attorneys and representatives who
violate rules of professional conduct before the Board of Immigration Appeals, the
Immigration Courts, and the Department of Homeland Security. See Chapter 10
(Discipline of Practitioners). Where an attorney in a case has been suspended from
practice before the Immigration Court and the alien has not retained new counsel, the
Immigration Court treats the alien as unrepresented. In such a case, all mailings from the
Immigration Court, including notices of hearing and orders, are mailed directly to the alien.
Any filing from an attorney who has been suspended from practice before the Immigration
Court is rejected. See Chapter 3.1(d) (Defective filings).
2.4 Accredited Representatives and Recognized Organizations
A fully accredited representative is an individual who is not an attorney and is

approved by the Assistant Director for Policy or the Assistant Director’s designee to
represent aliens before the Board, the Immigration Courts, and the Department of
Homeland Security (DHS). A partially accredited representative is authorized to practice
solely before DHS. An accredited representative must, among other requirements, have
the character and fitness to represent aliens and be employed by, or be a volunteer for,
a non-profit religious, charitable, social service, or similar organization which has been
recognized by the Assistant Director for Policy or the Assistant Director’s designee to
represent aliens. 8 C.F.R. §§ 1292.1(a)(4), 1292.11(a) , 1292.12(a)-(e). Accreditation of
an individual is valid for a period of up to three years, and recognition of an organization
is valid for a period of up to six years. 8 C.F.R. §§ 1292.11(f), 1292.12(d). Both may be
renewed. 8 C.F.R. § 1292.16. Before representing an individual before the Immigration
Court, a fully accredited representative must:

o register with the EOIR eRegistry, and
o file a Notice of Entry of Appearance as Attorney or Representative

Before the Immigration Court (Form EOIR-28).
See Chapters 2.1(b) (Entering an appearance), 2.3(b) (Qualifications), 2.3(c)

(Appearances), 2.4(e) (Applicability of attorney rules).
(a) Recognized organizations. —The Assistant Director for Policy or the

Assistant Director’s designee, in the exercise of discretion, may recognize an
eligible organization to provide representation through accredited
representatives. See 8 C.F.R. § 1292.11(a); Chapter 2.2(b) (Legal Service
Providers). To be recognized by EOIR, an organization must affirmatively
apply for that recognition. Such an organization must establish, among other
requirements, that it is a non-profit religious, charitable, social service, or
similar organization, and, if the organization charges fees, has a written policy
for accommodating clients unable to pay fees for immigration legal services,
is a Federal tax-exempt organization, and has at its disposal adequate
knowledge, information, and experience in immigration law and procedure.
The qualifications and procedures for organizations seeking recognition are
set forth in the regulations. 8 C.F.R. §§ 1292.11, 1292.13. A recognized
organization also has reporting, recordkeeping, and posting requirements. 8
C.F.R. § 1292.14. Questions regarding recognition may be directed to the
Office of Legal Access Programs in the EOIR Office of Policy. See Appendix
B (EOIR Directory).
(b) Accredited representatives. — Recognized organizations, or organizations

applying for recognition, may request accreditation of individuals who are employed by or
volunteer for that organization. The Assistant Director for Policy or the Assistant
Director’s designee, in the exercise of discretion, may approve accreditation of an eligible
individual. No individual may apply on his or her own behalf. The qualifications and
procedures for individuals seeking accreditation are set forth in the regulations. 8 C.F.R.
§§ 1292.12, 1292.13. In addition, an accredited representative must register with EOIR’s
eRegistry in order to practice before the Immigration Courts. See Chapters 2.3(b)(i)
(eRegistry), 2.4(e) (Applicability of attorney rules).
Accreditation is not transferrable from one representative to another, and no

individual retains accreditation upon his or her separation from the recognized
organization.
(c) Immigration specialists. — Accredited representatives should not be

confused with non-lawyer immigration specialists, visa consultants, and “notarios.” See
Chapter 2.7 (Immigration Specialists). Accredited representatives must be

expressly accredited by the Assistant Director for Policy or the Assistant Director’s
designee and must be employed by an institution specifically recognized by the Assistant
Director for Policy or the Assistant Director’s designee.
(d) Verification. — To verify that an individual has been accredited by EOIR, the
public can either:
o consult the Recognition and Accreditation Lists at

https://www.justice.gov/eoir/, or
o contact the Recognition and Accreditation Coordinator (see

Appendix B (Directory)).
(e) Applicability of attorney rules. — Except in those instances set forth in the
regulations and this manual, accredited representatives are to observe the same rules
and procedures as attorneys. See Chapter 2.3 (Attorneys).
(f) Signatures. — Only the accredited representative who is the representative of

record may sign submissions to the Immigration Court. An accredited representative,
even in the same organization, may not sign or file documents on behalf of another
accredited representative. See Chapter 3.3(b) (Signatures).
(g) Representative misconduct. — Accredited representatives must comply with

certain standards of professional conduct. See 8 C.F.R. §§ 1003.101 et seq., 1292.13.
(h) Request to be removed from list of recognized organizations or

accredited representatives. — A recognized organization or an accredited
representative who no longer wishes to be on the Recognized Organizations and
Accredited Representatives Roster must submit a written request to the Recognition and
Accreditation Coordinator. See Appendix B (EOIR Directory).
2.5 Law Students and Law Graduates
(a) Generally. — Law students and law graduates (law school graduates who are
not yet admitted to practice law) may appear before the Immigration Court if certain
conditions are met and the appearance is approved by the Immigration Judge.

Recognition by the Immigration Court is not automatic and must be requested in writing.
See 8 C.F.R. § 1292.1(a)(2).
(b) Law students. —
(i) Notice of Appearance. — A law student does not register with the
Executive Office for Immigration Review eRegistry and cannot electronically file a
Notice of Entry of Appearance as Attorney or Representative Before the
Immigration Court (Form EOIR-28). See Chapter 2.3(b) (Qualifications). A law
student must file a paper Form EOIR-28. The law student should be careful to use
the most current version of the Form EOIR-28, which is available on the EOIR
website at www.justice.gov/eoir. He or she should check the box on the Form
EOIR 28 indicating that he or she is a law student as defined in 8 C.F.R. §
1292.1(a)(2), and provide on the reverse side of the form both the name of the
supervising attorney or accredited representative and that person’s business
address, if different from that of the law student. The supervising attorney or
accredited representative must be registered to practice before EOIR and the Form
EOIR-28 should also include the EOIR ID number of the supervising attorney or
fully accredited representative.
(ii) Representation statement. — A law student wishing to appear before

the Immigration Court must file a statement that he or she is participating in a legal
aid program or clinic conducted by a law school or nonprofit organization and is
under the direct supervision of a faculty member, licensed attorney, or accredited
representative. The statement should also state that the law student is appearing
without direct or indirect remuneration from the alien being represented. Such
statement should be filed with the Notice of Entry of Appearance of Attorney or
Representative Before the Immigration Court (Form EOIR-28). The law student’s
supervisor may be required to accompany the law student at any hearing.
8 C.F.R. § 1292.1(a)(2).
(c) Law graduates. —
(i) Notice of Appearance. — A law graduate does not register with the
Executive Office for Immigration Review eRegistry and cannot electronically file a
Notice of Entry of Appearance as Attorney or Representative Before the
Immigration Court (Form EOIR-28). See Chapter 2.3(b) (Qualifications). A law
graduate must file a paper Form EOIR-28. The law graduate should be careful to
use the most current version of the Form EOIR-28, which is available on the EOIR
website at www.justice.gov/eoir. He or she should check the box on the Form
EOIR 28 indicating that he or she is a law graduate as defined in 8 C.F.R. §

1292.1(a)(2), and provide on the reverse side of the form both the name of the
supervising attorney or accredited representative and that person’s business
address, if different from that of the law graduate. The supervising attorney or
accredited representative must be registered to practice before EOIR and the Form
EOIR-28 should also include the EOIR ID number of the supervising attorney or
fully accredited representative.
(ii) Representation statement. — A law graduate wishing to appear before

the Immigration Court must file a statement that he or she is under the direct
supervision of a licensed attorney, or accredited representative. The statement
should also state that the law graduate is appearing without direct or indirect
remuneration from the alien being represented. Such statement should be filed
with the Notice of Entry of Appearance of Attorney or Representative Before the
Immigration Court (Form EOIR-28). The law graduate’s supervisor may be
required to accompany the law graduate at any hearing. 8 C.F.R. § 1292.1(a)(2).
(d) Representative misconduct. — Law students and law graduates must comply
with standards of professional conduct. See 8 C.F.R. § 1003.101 et seq.
2.6 Paralegals
Paralegals are professionals who assist attorneys in the practice of law. They are
not themselves licensed to practice law and therefore may not represent parties before
the Immigration Court.
2.7 Immigration Specialists
Immigration specialists—who include visa consultants and “notarios”—are not

authorized to practice law or appear before the Immigration Court. These individuals may
be violating the law by practicing law without a license. As such, they do not qualify either
as accredited representatives or “reputable individuals” under the regulations. See
Chapters 2.4 (Accredited Representatives), 2.9(a) (Reputable individuals).
Anyone, including members of the public, may report instances of suspected

misconduct by immigration specialists to the Executive Office for Immigration Review,
Fraud and Abuse Prevention Program. See Chapter 1.4(b) (EOIR Fraud and Abuse
Prevention Program).
2.8 Family Members

If a party is a child, then a parent or legal guardian may represent the child before
the Immigration Court, provided the parent or legal guardian clearly informs the
Immigration Court of their relationship. If a party is an adult, a family member may
represent the party only when the family member has been authorized by the Immigration
Court to do so. See Chapter 2.9(a) (Reputable individuals).
2.9 Others
(a) Reputable individuals. — Upon request, an Immigration Judge has the

discretion to allow a reputable individual to appear on behalf of an alien, if the Immigration
Judge is satisfied that the individual is capable of providing competent representation to
the alien. See 8 C.F.R. § 1292.1(a)(3). To qualify as a reputable individual, an individual
must meet all of the following criteria:
o be a person of good moral character
o appear on an individual basis, at the request of the alien
o receive no direct or indirect remuneration for his or her assistance
o file a declaration that he or she is not being remunerated for his or

her assistance
o have a preexisting relationship with the alien (e.g., relative, neighbor,

clergy), except in those situations where representation would
otherwise not be available, and
o be officially recognized by the Immigration Court
Any individual who receives any sort of compensation or makes immigration

appearances on a regular basis (such as a non-lawyer “immigration specialist,” “visa
consultant,” or “notario”) does not qualify as a “reputable individual” as defined in the
regulations.
A reputable individual does not register with the Executive Office for Immigration
Review eRegistry and cannot electronically file a Notice of Entry of Appearance as
Attorney or Representative Before the Immigration Court (Form EOIR-28). See Chapter
2.3(b) (Qualifications). To appear before the Immigration Court, a reputable individual
must file a paper Form EOIR-28. The reputable individual should be careful to use the
most current version of the Form EOIR-28, which is available on the EOIR website at
www.justice.gov/eoir. The reputable individual should check the box on the Form

EOIR-28 indicating that he or she is a reputable individual as defined in 8 C.F.R. §

1292.1(a)(3). Identification Numbers (“EOIR ID numbers”) are not issued to reputable
individuals, and therefore need not be provided on the Form EOIR-28. A person asking
to be recognized as a reputable individual should file a statement attesting to each of the
criteria set forth above. This statement should accompany the Form EOIR-28.
(b) Fellow inmates. — The regulations do not provide for representation by fellow
inmates or other detained persons. Fellow inmates do not qualify under any of the
categories of representatives enumerated in the regulations.
(c) Accredited officials of foreign governments. — An accredited official who is

in the United States may appear before the Immigration Court in his or her official capacity
with the alien’s consent. See 8 C.F.R. § 1292.1(a)(5). An accredited official does not
register with the Executive Office for Immigration Review eRegistry and cannot
electronically file a Notice of Entry of Appearance as Attorney or Representative Before
the Immigration Court (Form EOIR-28). See Chapter 2.3(b) (Qualifications). To appear
before the Immigration Court, an accredited official must file a paper Form EOIR-28. The
accredited official should be careful to use the most current version of the Form EOIR-28,
which is available on the Executive Office for Immigration Review website at
www.justice.gov/eoir. An accredited official should check the box on the Form EOIR-28
indicating that he or she is an accredited foreign government official as defined in 8 C.F.R.
§ 1292.1(a)(5). Identification Numbers (“EOIR ID numbers”) are not issued to accredited
officials, and therefore need not be provided on the Form EOIR-28. The individual must
also submit evidence verifying his or her status as an accredited official of a foreign
government.
(d) Former employees of the Department of Justice. — Former employees of

the Department of Justice may be restricted in their ability to appear before the
Immigration Court. See 8 C.F.R. § 1292.1(c).
(e) Foreign student advisors. — Foreign student advisors, including “Designated

School Officials,” are not authorized to appear before the Immigration Court, unless the
advisor is an accredited representative. See Chapter 2.4 (Accredited Representatives).

Practice Manual Filing with the Immigration Court
Chapter
Chapter 3 Filing with the Immigration Court
3.1 Delivery and Receipt
(a) Filing. — Documents are filed either with the Immigration Judge during a
hearing or with the Immigration Court outside of a hearing. For documents filed outside
of a hearing, the filing location is usually the same as the hearing location. However, for
some hearing locations, documents are filed at a separate “Administrative Control Court.”
See subsection (i), below, 8 C.F.R. §§ 1003.31, 1003.13.
(i) Administrative Control Courts. — “Administrative Control Courts“

maintain the Records of Proceeding for hearings that take place at certain remote
hearing locations. A list of these locations, and of the Administrative Control
Courts responsible for these locations, is available on the Executive Office for
(ii) Shared administrative control. — In some instances, two or more

Immigration Courts share administrative control of cases. Typically, these courts
are located close to one another, and one of the courts is in a prison or other
detention facility. Where courts share administrative control of cases, documents
are filed at the hearing location. Cases are sometimes transferred between the
courts without a motion to change venue. However, if a party wishes for a case to
be transferred between the courts, a motion to change venue is required. See
Chapter 5.10(c) (Motion to change venue). A list of courts with shared
administrative control is available on the Executive Office for Immigration Review
website at www.justice.gov/eoir.
(iii) Receipt rule. — An application or document is not deemed “filed” until

it is received by the Immigration Court. All submissions received by the
Immigration Court are date-stamped on the date of receipt. Chapter 3.1(c) (Must
be “timely”). The Immigration Court does not observe the “mailbox rule.”
Accordingly, a document is not considered filed merely because it has been
received by the U.S. Postal Service, commercial courier, detention facility, or other
outside entity.
(iv) Postage problems. — All required postage or shipping fees must be

paid by the sender before an item will be accepted by the Immigration Court. When
using a courier or similar service, the sender must properly complete the packing
slip, including the label and billing information. The Immigration Court does not
pay postage due or accept mailings without sufficient postage. Further, the

Immigration Court does not accept items shipped by courier without correct label
and billing information.
(v) Filings. — Filings sent through the U.S. Postal Service or by courier
should be sent to the Immigration Court’s street address. Hand-delivered filings
should be brought to the Immigration Court’s public window during that court’s filing
hours. Street addresses and hours of operation for the Immigration Courts are
available in on the Executive Office for Immigration Review website at
www.justice.gov/eoir. Addresses are also available in Appendix A (Immigration
Court Addresses).
Given the importance of timely filing, parties are encouraged to use courier
or overnight delivery services, whenever appropriate, to ensure timely filing.
However, the failure of any service to deliver a filing in a timely manner does not
excuse an untimely filing. See Chapter 3.1(c)(iii) (Delays in delivery).
(vi) Separate envelopes. — Filings pertaining to unrelated matters should

not be enclosed in the same envelope. Rather, filings pertaining to unrelated
matters should be sent separately or in separate envelopes within a package.
(vii) Faxes and e-mail. — The Immigration Court does not accept faxes or
other electronic submissions unless the transmission has been specifically
requested by the Immigration Court staff or the Immigration Judge. Unauthorized
transmissions are not made part of the record and are discarded without
consideration of the document or notice to the sender.
(viii) E-filing. — The Immigration Court accepts electronic submission of

the Notice of Entry of Appearance as an Attorney or Representative Before the
Immigration Court (Form EOIR-28) except in certain situations. See Chapter
2.1(b) (Entering an Appearance). All other filings must be submitted as paper
submissions to the Immigration Court.
(b) Timing of submissions. — Filing deadlines depend on the stage of

proceedings and whether the alien is detained. Deadlines for filings submitted while
proceedings are pending before the Immigration Court (for example, applications,
motions, responses to motions, briefs, pre-trial statements, exhibits, and witness lists) are
as specified in subsections (i), (ii), and (iii), below, unless otherwise specified by the
Immigration Judge. Deadlines for filings submitted after proceedings before the
Immigration Court have been completed are as specified in subsections (iv) and (v),
below.

Deadlines for filings submitted while proceedings are pending before the
Immigration Court depend on whether the next hearing is a master calendar or an
individual calendar hearing.
Untimely filings are treated as described in subsection (d)(ii), below. Failure to

timely respond to a motion may result in the motion being deemed unopposed. See
Chapter 5.12 (Response to Motion). Immigration Judges may deny a motion before the
close of the response period without waiting for a response from the opposing party. See
Chapter 5.12 (Response to Motion). “Day” is constructed as described in subsection (c),
below.
(i) Master calendar hearings. —
(A) Non-detained aliens. — For master calendar hearings involving

non-detained aliens, filings must be submitted at least fifteen (15) days in
advance of the hearing if requesting a ruling at or prior to the hearing.
Otherwise, filings may be made either in advance of the hearing or in open
court during the hearing.
When a filing is submitted at least fifteen days prior to a master

calendar hearing, the response must be submitted within ten (10) days after
the original filing with the Immigration Court. If a filing is submitted less than
fifteen days prior to a master calendar hearing, the response may be
presented at the master calendar hearing, either orally or in writing.
(B) Detained aliens. — For master calendar hearings involving

detained aliens, filing deadlines are as specified by the Immigration Court.
(ii) Individual calendar hearings. —
(A) Non-detained aliens. — For individual calendar hearings

involving non-detained aliens, filings must be submitted at least fifteen (15)
days in advance of the hearing. This provision does not apply to exhibits or
witnesses offered solely to rebut and/or impeach. Responses to filings that
were submitted in advance of an individual calendar hearing must be filed
within ten (10) days after the original filing with the Immigration Court.
Objections to evidence may be made at any time, including at the hearing.
(B) Detained aliens. — For individual calendar hearings involving

detained aliens, filing deadlines are as specified by the Immigration Court.

(iii) Asylum applications. — Asylum applications are categorized as either

“defensive” or “affirmative.” A defensive asylum application is filed with the
Immigration Court by an alien already in proceedings. An affirmative asylum
application is filed with the Department of Homeland Security (DHS) Asylum Office
by an alien not in removal proceedings. If the DHS Asylum Office declines to grant
an affirmative asylum application, removal proceedings may be initiated. In that
case, the asylum application is referred to an Immigration Judge, who may grant
or deny the application. See 8 C.F.R. § 1208.4.
An alien filing an application for asylum should be mindful that the

application must be filed within one year after the date of the alien’s arrival in the
United States, unless certain exceptions apply. INA § 208(a)(2)(B), 8 C.F.R.
§ 1208.4(a)(2).
(A) Defensive applications. — Defensive asylum applications are

filed by mail, courier, in person at the court window, or in open court at a
master calendar hearing. For information regarding lodging an application
for purposes of employment authorization, see Chapter 4.15(l) (Asylum
Clock).
(B) Affirmative applications. — Affirmative asylum applications

referred to an Immigration Court by the DHS Asylum Office are contained
in the Record of Proceedings. Therefore, there is no need for the alien to
re-file the application with the Immigration Court. After being placed in
Immigration Court proceedings, the alien may amend his or her asylum
application. For example, the alien may submit amended pages of the
application, as long as all changes are clearly reflected. Such amendments
must be filed by the usual filing deadlines, provided in subsections (b)(i) and
(b)(ii), above. The amendment should be accompanied by a cover page
with an appropriate caption, such as “AMENDMENT TO PREVIOUSLY
FILED ASYLUM APPLICATION.” See Appendix F (Sample Cover Page).
(iv) Reopening and reconsideration. — Deadlines for filing motions to

reopen and motions to reconsider with the Immigration Court are governed by
statute and regulation. See Chapter 5 (Motions). Responses to such motions are
due within ten (10) days after the motion was received by the Immigration Court,
unless otherwise specified by the Immigration Judge. See Chapter 5.7 (Motions
to Reopen), Chapter 5.8 (Motions to Reconsider). See also Chapter 5.12
(Response to Motion)

(v) Appeals. — Appeals must be received by the Board of Immigration

Appeals no later than 30 calendar days after the Immigration Judge renders an
oral decision or mails a written decision. See 8 C.F.R. § 1003.38, Chapter 6
(Appeals of Immigration Judge Decisions).
(vi) Specific deadlines. — The deadlines for specific types of filings are
listed in Appendix D (Deadlines).
(c) Must be “timely.” — The Immigration Court places a date stamp on all
documents it receives. Absent persuasive evidence to the contrary, the Immigration
Court’s date stamp is controlling in determining whether a filing is “timely.” Because filings
are date-stamped upon arrival at the Immigration Court, parties should file documents as
far in advance of deadlines as possible.
(i) Construction of “day.” — All filing deadlines are calculated in calendar

days. Thus, unless otherwise indicated, all references to “days” in this manual
refer to calendar days rather than business days.
(ii) Computation of time. — Parties should use the following guidelines to

calculate deadlines.
(A) Deadlines on specific dates. — A filing may be due by a specific

date. For example, an Immigration Judge may require a party to file a brief
by June 21, 2008. If such a deadline falls on a Saturday, Sunday, or legal
holiday, the deadline is construed to fall on the next business day.
(B) Deadlines prior to hearings. — A filing may be due a specific

period of time prior to a hearing. For example, if a filing is due 15 days prior
to a hearing, the day of the hearing counts as “day 0” and the day before
the hearing counts as “day 1.” Because deadlines are calculated using
calendar days, Saturdays, Sundays, and legal holidays are counted. If,
however, such a deadline falls on a Saturday, Sunday, or legal holiday, the
deadline is construed to fall on the next business day.
(C) Deadlines following hearings. — A filing may be due within a

specific period of time following a hearing. For example, if a filing is due 15
days after a master calendar hearing, the day of the hearing counts as “day
0” and the day following the hearing counts as “day 1.” In such cases, the
day of the hearing counts as “day 0” and the day following the hearing
counts as “day 1.” Because deadlines are calculated using calendar days,
Saturdays, Sundays, and legal holidays are counted. If, however, such a

deadline falls on a Saturday, Sunday, or legal holiday, the deadline is

construed to fall on the next business day.
(D) Deadlines following Immigration Judges’ decisions. —

Pursuant to statute or regulation, a filing may be due within a specific period
of time following an Immigration Judge’s decision. For example, appeals,
motions to reopen, and motions to reconsider must be filed within such
deadlines. See 8 C.F.R. §§ 1003.38(b), 1003.23. In such cases, the day
the Immigration Judge renders an oral decision or mails a written decision
counts as “day 0.” The following day counts as “day 1.” Statutory and
regulatory deadlines are calculated using calendar days. Therefore,
Saturdays, Sundays, and legal holidays are counted. If, however, a
statutory or regulatory deadline falls on a Saturday, Sunday, or legal
holiday, the deadline is construed to fall on the next business day.
(E) Deadlines for responses. — A response to a filing may be due

within a specific period of time following the original filing. For example, if
a response to a motion is due within 10 days after the motion was filed with
the Immigration Court, the day the original filing is received by the
Immigration Court counts as “day 0.” The following day counts as “day 1.”
Because deadlines are calculated using calendar days, Saturdays,
Sundays, and legal holidays are counted. If, however, such a deadline falls
on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on
the next business day.
(iii) Delays in delivery. — Postal or delivery delays do not affect existing

deadlines. Parties should anticipate all postal or delivery delays, whether a filing
is made by first class mail, priority mail, or overnight or guaranteed delivery service.
The Immigration Court does not excuse untimeliness due to postal or delivery
delays, except in rare circumstances. See Chapter 3.1(a)(iii) (Receipt rule).
(iv) Motions for extensions of filing deadlines. — Immigration Judges

have the authority to grant motions for extensions of filing deadlines that are not
set by regulation. A deadline is only extended upon the granting of a motion for
an extension. Therefore, the mere filing of a motion for an extension does not
excuse a party’s failure to meet a deadline. Unopposed motions for extensions
are not automatically granted.
(A) Policy. — Motions for extensions are not favored. In general,

conscientious parties should be able to meet filing deadlines. In addition,
every party has an ethical obligation to avoid delay.

(B) Deadline. — A motion for an extension should be filed as early

as possible, and must be received by the original filing deadline.
(C) Contents. — A motion for an extension should be filed with a

cover page labeled “MOTION FOR EXTENSION” and comply with the
requirements for filing. See Chapter 3 (Filing with the Immigration Court),
Appendix F (Sample Cover Page). A motion for an extension should clearly
state:
o when the filing is due
o the reason(s) for requesting an extension
o that the party has exercised due diligence to meet the current
filing deadline
o that the party will meet a revised deadline
o if the parties have communicated, whether the other party

consents to the extension
(d) Defective filings. — Filings may be deemed defective due to improper filing,
untimely filing, or both.
(i) Improper filings. — If an application, motion, brief, exhibit, or other

submission is not properly filed, it is rejected by the Immigration Court with an
explanation for the rejection. Parties are expected to exercise due diligence.
Parties wishing to correct the defect and refile after a rejection must do so promptly.
See Chapters 3.1(b) (Timing of submissions), 3.1(c) (Must be “timely”). See also
subsection (ii), below. The term “rejected” means that the filing is returned to the
filing party because it is defective and therefore will not be considered by the
Immigration Judge. It is not an adjudication of the filing or a decision regarding its
content. Examples of improper submissions include:
o if a fee is required, failure to submit a fee receipt or fee waiver

request
o failure to include a proof of service upon the opposing party
o failure to comply with the language, signature, and format

requirements

o illegibility of the filing
If a document is improperly filed but not rejected, the Immigration Judge

retains the authority to take appropriate action.
(ii) Untimely filings. — The untimely submission of a filing may have

serious consequences. The Immigration Judge retains the authority to determine
how to treat an untimely filing. Accordingly, parties should be mindful of the
requirements regarding timely filings. See Chapters 3.1(b) (Timing of
submissions), 3.1(c) (Must be “timely”).
Untimely filings, if otherwise properly filed, are not rejected by Immigration

Court staff. However, parties should note that the consequences of untimely filing
are sometimes as follows:
o if an application for relief is untimely, the alien’s interest in that

relief is deemed waived or abandoned
o if a motion is untimely, it is denied
o if a brief or pre-trial statement is untimely, the issues in

question are deemed waived or conceded
o if an exhibit is untimely, it is not entered into evidence or it is

given less weight
o if a witness list is untimely, the witnesses on the list are barred

from testifying
o if a response to a motion is untimely, the motion is deemed

unopposed
(iii) Motions to accept untimely filings. — If a party wishes the

Immigration Judge to consider a filing despite its untimeliness, the party must make
an oral or written motion to accept the untimely filing. A motion to accept an
untimely filing must explain the reasons for the late filing and show good cause for
acceptance of the filing. In addition, parties are strongly encouraged to support
the motion with documentary evidence, such as affidavits and declarations under
the penalty of perjury. The Immigration Judge retains the authority to determine
how to treat an untimely filing.

(iv) Natural or manmade disasters. — Natural or manmade disasters may

occur that create unavoidable filing delays. Parties wishing to file untimely
documents after a disaster must comply with the requirements of subsection (iii),
above.
(e) Filing receipts. — The Immigration Court does not issue receipts for filings.
Parties are encouraged, however, to obtain and retain corroborative documentation of
delivery, such as mail delivery receipts or courier tracking information. As a precaution,
parties should keep copies of all items sent to the Immigration Court.
(f) Conformed copies. — A time-and-date stamp is placed on each filing received

by the Immigration Court. If the filing party desires a “conformed copy” (i.e., a copy of the
filing bearing the Immigration Court’s time-and-date stamp), the original must be
accompanied by an accurate copy of the filing, prominently marked “CONFORMED
COPY; RETURN TO SENDER.” If the filing is voluminous, only a copy of the cover page
and table of contents needs to be submitted for confirmation. The filing must also contain
a self-addressed stamped envelope or comparable return delivery packaging. The
Immigration Court does not return conformed copies without a prepaid return envelope or
packaging.
3.2 Service on the Opposing Party
(a) Service requirements. — For all filings before the Immigration Court, a party
must:
o provide, or “serve,” an identical copy on the opposing party (or, if

the party is represented, the party’s representative), and
o except for filings served during a hearing or jointly-filed motions

agreed upon by all parties, declare in writing that a copy has been
served.
The written declaration is called a “Proof of Service,” also referred to as a

“Certificate of Service.” See subsection (e), below, Appendix G (Sample Proof of
Service). See also 8 C.F.R. §§ 1003.17(a), 1003.23(b)(1)(ii), 1003.32(a).
(b) Whom to serve. — For all filings before the Immigration Court, the opposing
party must be served. For an alien in proceedings, the opposing party is the Department
of Homeland Security (DHS). In most instances, a DHS Chief Counsel or a specific DHS
Assistant Chief Counsel is the designated officer to receive service. Parties may contact

the Immigration Court for the DHS address. The opposing party is never the Immigration
Judge or Immigration Court.
(c) Method of service. — Service on the opposing party may be accomplished by

hand-delivery, by U.S. Postal Service, or by commercial courier. Where service on the
opposing party is accomplished by hand-delivery, service is complete when the filing is
hand-delivered to a responsible person at the address of the individual being served.
Where service on the opposing party is accomplished by U.S. Postal Service or

commercial courier, service is complete when the filing is deposited with the U.S. Postal
Service or the commercial courier. Note that this rule differs from the rule for filings—
filings with the Immigration Court are deemed complete when documents are received by
the court, not when documents are mailed. See Chapter 3.1(a)(iii) (Receipt Rule).
(i) Service of an electronically filed Form EOIR-28. – The electronic filing

of a Form EOIR-28 with the Immigration Court does not constitute service on the
Department of Homeland Security. Attorneys and accredited representatives must
serve the Department of Homeland Security with a printed copy of the Form EOIR-
28 for each case. See Chapter 2.1(c) (Notice to Opposing Party).
(d) Timing of service. — The Proof of Service must bear the actual date of
transmission and accurately reflect the means of transmission (e.g., hand delivery,
regular mail, overnight mail, commercial courier, etc.). Service must be calculated to
allow the other party sufficient opportunity to act upon or respond to served material.
(e) Proof of Service. — A Proof of Service is required for all filings, except filings
served on the opposing party during a hearing or jointly-filed motions agreed upon by all
parties. See 8 C.F.R. § 1003.17(a), 1003.23(b)(1)(ii), 1003.32(a). See also Appendix G
(Sample Proof of Service). When documents are submitted as a package, the Proof of
Service should be placed at the bottom of the package.
(i) Contents of Proof of Service. — A Proof of Service must state:
o the name or title of the party served
o the precise and complete address of the party served
o the date of service
o the means of service (e.g., hand delivery, regular mail,

overnight mail, commercial courier, etc.)

o the document or documents being served
A Proof of Service must contain the name and signature of the

person serving the document. A Proof of Service may be signed by an
individual designated by the filing party, unlike the document(s) being
served, which must be signed by the filing party.
(ii) Certificates of Service on applications. — Certain forms, such as the

Application for Cancellation of Removal for Certain Permanent Residents
(Form EOIR-42A), contain a Certificate of Service, which functions as a Proof of
Service. Such a Certificate of Service only functions as a Proof of Service for the
form on which it appears, not for any supporting documents filed with the form. If
supporting documents are filed with an application containing a Certificate of
Service, a separate Proof of Service for the entire submission must be included.
(f) Representatives and service. —
(i) Service on a representative. — Service on a representative constitutes

service on the person or entity represented. If an alien is represented by an
attorney, the Department of Homeland Security must serve the alien’s attorney but
need not serve the alien. See 8 C.F.R. § 1292.5(a), Chapter 2 (Appearances
before the Immigration Court).
(ii) Service by a represented alien. — Whenever a party is represented,

the party should submit all filings and communications to the Immigration Court
through the representative. See 8 C.F.R. § 1292.5(a), Chapter 2.1
(Representation Generally).
(g) Proof of Service and Notice of Appearance. — All filings with the Immigration
Court must include a Proof of Service that identifies the item being filed, unless served
during a hearing. Thus, a completed Proof of Service on a Notice of Entry of Appearance
of Attorney or Representative Before the Immigration Court (Form EOIR-28) does not
constitute Proof of Service of documents accompanying the Form EOIR-28. See
Chapters 3.2(c)(i) (Service of an electronically filed Form EOIR-28), 3.2(e)(ii) (Service by
a represented alien).
3.3 Documents
(a) Language and certified translations. — All documents filed with the
Immigration Court must be in the English language or accompanied by a certified English

translation. See 8 C.F.R. §§ 1003.33, 1003.23(b)(1)(i). An affidavit or declaration in

English by a person who does not understand English must include a certificate of
interpretation stating that the affidavit or declaration has been read to the person in a
language that the person understands and that he or she understood it before signing.
The certificate must also state that the interpreter is competent to translate the language
of the document, and that the interpretation was true and accurate to the best of the
interpreter’s abilities.
A certification of translation of a foreign-language document or declaration must

be typed, signed by the translator, and attached to the foreign-language document. A
certification must include a statement that the translator is competent to translate the
language of the document and that the translation is true and accurate to the best of the
translator’s abilities. If the certification is used for multiple documents, the certification
must specify the documents. The translator’s address and telephone number must be
included. See Appendix H (Sample Certificate of Translation).
(b) Signatures. — No forms, motions, briefs, or other submissions are properly

filed without an original signature from either the alien, the alien’s representative, or a
representative of the Department of Homeland Security. For purposes of filing a Form
EOIR-28, the electronic acknowledgement and submission of an electronically filed Form
EOIR-28 constitutes the signature of the alien’s representative. A Proof of Service also
requires a signature but may be filed by someone designated by the filing party. See
Chapter 3.2(e) (Proof of Service).
A signature represents a certification by the signer that: he or she has read the
document; to the best of his or her knowledge, information, and belief formed after
reasonable inquiry, the document is grounded in fact; the document is submitted in good
faith; and the document has not been filed for any improper purpose. See 8 C.F.R. §
1003.102(j)(1). A signature represents the signer’s authorization, attestation, and
accountability. Every signature must be accompanied by the typed or printed name.
(i) Simulated signatures. — Signature stamps and computer-generated

signatures are not acceptable on documents filed with the Immigration Court.
These signatures do not convey the signer’s personal authorization, attestation,
and accountability for the filing. See also Chapters 3.1(a) (Filing), 3.3(d) (Originals
and reproductions).
(ii) Law firms. — Except as provided in Chapter 2.3(j) (Appearances “on

behalf of”), only an attorney of record–not a law firm, law office, or other attorney–
may sign a submission to the Immigration Court. See Chapters 2.3(c)
(Appearances), 2.3(e) (Multiple representatives), 2.3(f) (Law firms).

(iii) Accredited representatives. — Accredited representatives must sign

their own submissions. See Chapter 2.4(f) (Signatures).
(iv) Paralegals and other staff. — Paralegals and other staff are not
authorized to practice before the Immigration Court and may not sign a submission
to the Immigration Court. See Chapter 2.6 (Paralegals). However, a paralegal
may sign a Proof of Service when authorized by the filing party. See Chapter
3.2(e) (Proof of Service).
(v) Other representatives. — Only those individuals who have been

authorized by the Immigration Court to represent a party and have submitted a
Notice of Entry of Appearance of Attorney or Representative Before the
Immigration Court (Form EOIR-28) may sign submissions to the Immigration
Court. See Chapters 2.5 (Law students and Law Graduates), 2.9 (Others).
(vi) Family members. — A family member may sign submissions on behalf

of a party only under certain circumstances. See Chapter 2.8 (Family Members).
(c) Format. — The Immigration Court prefers all filings and supporting documents
to be typed, but will accept handwritten filings that are legible. Illegible filings will be
rejected or excluded from evidence. See Chapter 3.1(d) (Defective filings). All filings
must be signed by the filing party. See Chapter 3.3(b) (Signatures).
(i) Order of documents. — Filings should be assembled as follows. All

forms should be filled out completely. If a Notice of Entry of Appearance of
Attorney or Representative Before the Immigration Court (Form EOIR-28) is
required, it should be submitted at the front of the package. If a Form EOIR-28
has been filed electronically, a printed copy of the Form EOIR-28 is generally not
required. See Chapter 2.1(b) (Entering an Appearance).
(A) Applications for relief. — An application package should

comply with the instructions on the application. The application package
should contain (in order):
(1) Form EOIR-28 (if required)

(2) Cover page
(3) If applicable, fee receipt (stapled to the application) or motion
for a fee waiver
(4) Application
(5) Proposed exhibits (if any) with table of contents

(6) Proof of Service
See Chapters 2.1(b) (Entering an appearance), 3.2(e) (Proof of Service),

3.3(c)(vi) (Cover page and caption), 3.3(e)(ii) (Publications as evidence),
3.4 (Filing Fees).
(B) Proposed exhibits. — If proposed exhibits are not included as

part of an application package, the proposed exhibit package should
contain (in order):

(2) Cover page
(3) Table of contents
(4) Proposed exhibits
See Chapters 2.1(b) (Entering an appearance), Chapters 3.2(e) (Proof of

Service), 3.3(c)(vi) (Cover page and caption), 3.3(e)(ii) (Publications as
evidence), 3.4 (Filing Fees).
(C) Witness list. — A witness list package should contain (in

order):

(2) Cover page
(3) Witness list (in compliance with the requirements of Chapter
3.3(g) (Witness lists))

3.3(c)(vi) (Cover page and caption).
(D) Motions to reopen. — A motion package for a motion to

reopen should contain (in order):
(1) Form EOIR-28

(2) Cover page
(3) If applicable, fee receipt (stapled to the motion or application)
or motion for a fee waiver
(4) Motion to reopen
(5) A copy of the Immigration Judge’s decision

(6) If applicable, a motion brief

(7) If applicable, a copy of the application for relief
(8) Supporting documentation (if any) with table of contents
(9) Alien’s Change of Address Form (Form EOIR-33/IC)
(recommended even if the alien’s address has not changed)
(10) A proposed order for the Immigration Judge’s signature
See Chapters 2.1(b) (Entering an appearance), 2.2(c)(iii) (Motions), 3.2(e)

(Proof of Service), 3.3(c)(vi) (Cover page and caption), 3.3(e)(ii)
(Publications as evidence), 3.4 (Filing Fees), 5 (Motions before the
Immigration Court).
(E) Motions to reconsider. — A motion package for a motion to

reconsider should contain (in order):
(1) Form EOIR-28

(2) Cover page
(3) If applicable, fee receipt (stapled to the motion or application)
or motion for a fee waiver
(4) Motion to reconsider
(5) A copy of the Immigration Judge’s decision
(6) If applicable, a motion brief
(7) If applicable, a copy of the application for relief
(9) Alien’s Change of Address Form (Form EOIR-33/IC)
(recommended even if the alien’s address has not changed)
(10) A proposed order for the Immigration Judge’s signature
See Chapters 2.1(b) (Entering an appearance), 2.2(c)(iii) (Motions), 3.2(e)

(Proof of Service), 3.3(c)(vi) (Cover page and caption), 3.3(e)(ii)
(Publications as evidence), 3.4 (Filing Fees), 5 (Motions before the
Immigration Court).
(F) Other filings. — Other filing packages, including pre-decision

motions and briefs, should contain (in order):

(2) Cover page

(3) If applicable, fee receipt (stapled to the filing) or motion for a

fee waiver
(4) The filing
(6) If a motion, a proposed order for the Immigration Judge’s
signature
(7) Proof of service

3.3(c)(vi) (Cover page and caption), 3.3(e)(ii) (Publications as evidence),
3.4 (Filing Fees).
(ii) Number of copies. — Except as provided in subsection (A) and (B),

below, only the original of each application or other submission must be filed with
the Immigration Court. For all filings, a copy must be served on the opposing
party. See Chapter 3.2 (Service on the Opposing Party). Multiple copies of a
filing (e.g., a brief, motion, proposed exhibit, or other supporting documentation)
should not be filed unless otherwise instructed by the Immigration Judge.
(A) Defensive asylum applications. — For defensive asylum

applications, parties must submit to the Immigration Court the original
application. See Chapter 3.1(b)(iii)(A) (Defensive applications). In addition,
a copy must be served on the opposing party. See Chapter 3.2 (Service on
the Opposing Party).
(B) Consolidated cases. — In consolidated cases, parties should

submit a separate copy of each submission for placement in each individual
Record of Proceedings. However, a “master exhibit” may be filed in the
lead individual’s file for exhibits and supporting documentation applicable to
more than one individual, with the approval of the Immigration Judge.
(iii) Pagination and table of contents. — All documents, including briefs,

motions, and exhibits, should always be paginated by consecutive numbers placed
at the bottom center or bottom right hand corner of each page.
Whenever proposed exhibits or supporting documents are submitted, the

filing party should include a table of contents with page numbers identified. See
Appendix P (Sample Table of Contents).

Where a party is filing more than one application, the party is encouraged
to submit a separate evidence package, with a separate table of contents, for each
application.
(iv) Tabs. — Parties should use alphabetic tabs, commencing with the letter
“A.” The tabs should be affixed to the right side of the pages. In addition, parties
should carefully follow the pagination and table of contents guidelines in
subsection (iii), above.
(v) Paper size and document quality. — All documents should be

submitted on standard 8½" x 11" paper, in order to fit into the Record of
Proceedings. See 8 C.F.R. § 1003.32(b). The use of paper of other sizes, including
legal-size paper (8½" x 14"), is discouraged. If a document is smaller than 8½" x
11", the document should be affixed to an 8½" x 11" sheet of paper or enlarged to
8½" x 11". If a document is larger than 8½" x 11", the document should be reduced
in size by photocopying or other appropriate means, as authorized by the
Immigration Judge. This provision does not apply to documents whose size cannot
be altered without altering their authenticity. All documents must be legible.
Copies that are so poor in quality as to be illegible may be rejected or excluded
from evidence. See Chapter 3.1(d) (Defective filings).
Paper should be of standard stock white, opaque, and unglazed. Given its
fragility and tendency to fade, photo-sensitive facsimile paper should never be
used.
Ink should be dark, preferably black.
Briefs, motions, and supporting documentation should be single-sided.
(vi) Cover page and caption. — All filings should include a cover page.
The cover page should include a caption and contain the following information:
o the name of the filing party
o the address of the filing party
o the title of the filing (such as “RESPONDENT’s

APPLICATION FOR CANCELLATION OF REMOVAL,” “DHS
WITNESS LIST,” “RESPONDENT’s MOTION TO REOPEN”)

o the full name for each alien covered by the filing (as it appears
on the charging document)
o the alien registration number (“A number”) for each alien

covered by the filing (if an alien has more than one A number,
all the A numbers should appear on the cover page with a
clear notation that the alien has multiple A numbers)
o the type of proceeding involved (such as removal,
deportation, exclusion, or bond)
o the date and time of the hearing
See Appendix F (Sample Cover Page). If the filing involves special circumstances,
that information should appear prominently on the cover page, preferably in the
top right corner and highlighted (e.g., “DETAINED,” “JOINT MOTION,”
“EMERGENCY MOTION”).
(vii) Fonts and spacing. — Font and type size must be easily readable.
“Times Roman 12 point” font is preferred. Double-spaced text and single-spaced
footnotes are also preferred. Both proportionally spaced and monospaced fonts
are acceptable.
(viii) Binding. — The Immigration Court and the Board of Immigration

Appeals use a two-hole punch system to maintain files. All forms, motions, briefs,
and other submissions should always be pre-punched with holes along the top
(centered and 2 ¾” apart). Submissions may be stapled in the top left corner. If
stapling is impracticable, the use of removable binder clips is encouraged.
Submissions should neither be bound on the side nor commercially bound, as such
items must be disassembled to fit into the record of proceedings and might be
damaged in the process. The use of ACCO-type fasteners and paper clips is
discouraged.
(ix) Forms. — Forms should be completed in full and must comply with
certain requirements. See Chapter 11 (Forms). See also Appendix E (Forms).
(d) Originals and reproductions. —
(i) Briefs and motions. — The original of a brief or motion must always
bear an original signature. See Chapter 3.3(b) (Signatures).

(ii) Forms. — The original of a form must always bear an original

signature. See Chapters 3.3(b) (Signatures), 11.3 (Submitting completed forms).
In certain instances, forms must be signed in the presence of the Immigration
Judge.
(iii) Supporting documents. — Photocopies of supporting documents,

rather than the originals, should be filed with the Immigration Court and served on
the Department of Homeland Security (DHS). Examples of supporting documents
include identity documents, photographs, and newspaper articles.
If supporting documents are filed at a master calendar hearing, the alien

must make the originals available to DHS at the master calendar hearing for
possible forensics examination at the Forensics Documents Laboratory. In
addition, the alien must bring the originals to all individual calendar hearings.
If supporting documents are filed after the master calendar hearing(s), the
filing should note that originals are available for review. In addition, the alien must
bring the originals to all individual calendar hearings.
The Immigration Judge has discretion to retain original documents in the

Record of Proceedings. The Immigration Judge notes on the record when original
documents are turned over to DHS or the Immigration Court.
(iv) Photographs. — If a party wishes to submit a photograph, the party

should follow the guidelines in subsection (iii), above. In addition, prior to bringing
the photograph to the Immigration Court, the party should print identifying
information, including the party’s name and alien registration number (A number),
on the back of the original photograph.
(e) Source materials. — Source materials should be provided to the Immigration

Court and highlighted as follows.
(i) Source of law. — When a party relies on a source of law in any filing
(e.g., a brief, motion, or pre-trial statement) that is not readily available, that source
of law should be reproduced and provided to the Immigration Court and the other
party, along with the filing. Similarly, if a party relies on governmental memoranda,
legal opinions, advisory opinions, communiques, or other ancillary legal authority
or sources in any filing, copies of such items should be provided to the Immigration
Court and the other party, along with the filing.

(ii) Publications as evidence. — When a party submits published material

as evidence, that material must be clearly marked with identifying information,
including the precise title, date, and page numbers. If the publication is difficult to
locate, the submitting party should identify where the publication can be found and
authenticated.
In all cases, the party should submit title pages containing identifying
information for published material (e.g., author, year of publication). Where a title
page is not available, identifying information should appear on the first page of the
document. For example, when a newspaper article is submitted, the front page of
the newspaper, including the name of the newspaper and date of publication,
should be submitted where available, and the page on which the article appears
should be identified. If the front page is not available, the name of the newspaper
and the publication date should be identified on the first page of the submission.
Copies of State Department Country Reports on Human Rights Practices,

as well as the State Department Annual Report on International Religious
Freedom, must indicate the year of the particular report.
(iii) Internet publications. — When a party submits an internet publication

as evidence, the party should follow the guidelines in subsection (ii), above, as well
as provide the complete internet address for the material.
(iv) Highlighting. — When a party submits secondary source material

(“background documents”), that party should highlight or otherwise indicate the
pertinent portions of that secondary source material. Any specific reference to a
party should always be highlighted.
(f) Criminal conviction documents. — Documents regarding criminal convictions

must comport with the requirements of 8 C.F.R. § 1003.41. When submitting documents
relating to a respondent's criminal arrests, prosecutions, or convictions, parties are
encouraged to use a criminal history chart and attach all pertinent documentation, such
as arrest and conviction records. The criminal history chart should contain the following
information for each arrest:
o arrest date
o court docket number
o charges

o disposition
o immigration consequences, if any
The documentation should be paginated, with the corresponding pages indicated on the
criminal history chart. For a sample, see Appendix O (Sample Criminal History Chart).
Under "Immigration Consequences," parties should simply state their "bottom-line"
position (for example: "not an aggravated felony"). Parties may supplement the criminal
history chart with a pre-hearing brief. See Chapter 4.19 (Pre-Hearing Briefs).
(g) Witness lists. — A witness list should include the following information for
each witness, except the respondent:
o the name of the witness
o if applicable, the alien registration number (“A number”)
o a written summary of the testimony
o the estimated length of the testimony
o the language in which the witness will testify
o a curriculum vitae or resume, if called as an expert
3.4 Filing Fees
(a) Where paid. — Fees for the filing of motions and applications for relief with
the Immigration Court, when required, are paid to the Department of
Homeland Security as set forth in 8 C.F.R. § 1103.7. The Immigration
Court does not collect fees. See 8 C.F.R. §§ 1003.24, 1103.7.
(b) Filing fees for motions. —
(i) When required. —The following motions require a filing fee:
o a motion to reopen (except a motion that is based exclusively on a

claim for asylum)
o a motion to reconsider (except a motion that is based on an

underlying claim for asylum)

8 C.F.R. §§ 1003.23(b)(1), 1003.24, 1103.7. For purposes of determining

filing fee requirements, the term “asylum” here includes withholding of removal
(“restriction on removal”), withholding of deportation, and claims under the
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.
Where a filing fee is required, the filing fee must be paid in advance to the
Department of Homeland Security and the fee receipt must be submitted with the
motion. If a filing party is unable to pay the fee, he or she should request that the
fee be waived. See subsection (d), below.
(ii) When not required. — The following motions do not require a filing fee:
o a motion to reopen that is based exclusively on a claim for

asylum
o a motion to reconsider that is based on an underlying a claim

for asylum
o a motion filed while proceedings are pending before the

Immigration Court
o a motion requesting only a stay of removal, deportation, or

exclusion
o a motion to recalendar
o any motion filed by the Department of Homeland Security
o a motion that is agreed upon by all parties and is jointly filed

(“joint motion”)
o a motion to reopen a removal order entered in absentia if the

motion is filed under INA § 240(b)(5)(C)(ii)
o a motion to reopen a deportation order entered in absentia if

the motion is filed under INA § 242B(c)(3)(B), as it existed
prior to April 1, 1997
o a motion filed under law, regulation, or directive that

specifically does not require a filing fee

8 C.F.R. §§ 1003.23(b)(1), 1003.24, 1103.7. For purposes of determining

filing fee requirements, the term “asylum” here includes withholding of removal
(“restriction on removal”), withholding of deportation, and claims under the
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.
(c) Application fees. —
(i) When required. — When an application for relief that requires a fee is
filed during the course of proceedings, the fee for that application must be paid in
advance to the Department of Homeland Security (DHS). Instructions for paying
application fees can be found in the DHS biometrics instructions, which are
available on the Executive Office for Immigration Review website at
www.justice.gov/eoir. A fee receipt must be submitted when the application is filed
with the Immigration Court.
If a filing party is unable to pay the fee, the party should file a motion for a
fee waiver. See subsection (d), below.
(ii) When not required. — When an application for relief that requires a fee
is the underlying basis of a motion to reopen, the fee for the application need not
be paid to the Department of Homeland Security (DHS) in advance of the motion
to reopen. Rather, only the fee for the motion to reopen must be paid in advance.
The fee receipt for the motion to reopen must be attached to that motion. See
subsection (b)(i), above. If the motion to reopen is granted, the fee for the
underlying application must then be paid to DHS and that fee receipt must be
submitted to the Immigration Court. See Chapter 3.1(c) (Must be “timely”).
(d) When waived. — When a fee to file an application or motion is required, the
Immigration Judge has the discretion to waive the fee upon a showing that the filing party
is unable to pay the fee. However, the Immigration Judge will not grant a fee waiver
where the application for relief is a Department of Homeland Security (DHS) form and
DHS regulations prohibit the waiving of such fee. See 8 C.F.R. §§ 103.7, 1103.7.
Fee waivers are not automatic. The request for a fee waiver must be accompanied
by a properly executed affidavit or unsworn declaration made pursuant to 28 U.S.C.
§ 1746, substantiating the filing party’s inability to pay the fee. If a filing is submitted
without a required fee and the request for a fee waiver is denied, the filing will be deemed
defectively filed and may be rejected or excluded from evidence. See Chapter 3.1(d)
(Defective filings).

Fees are not reimbursed merely because the application or motion is granted.
(e) Amount of payment. —
(i) Motions to reopen or reconsider. — When a filing fee is required, the

fee for motions to reopen or reconsider is $110. 8 C.F.R. § 1103.7(b)(2). The fee
is paid to the Department of Homeland Security in advance. The fee receipt and
motion are then filed with the Immigration Court.
(ii) Applications for relief. — Application fees are found in the application
instructions and in the federal regulations. See 8 C.F.R. §§ 103.7, 1103.7(b)(1).
See also Chapter 11 (Forms), Appendix E (Forms).
(iii) Background and security checks. — The Department of Homeland

Security (DHS) biometrics fee is found in the DHS biometrics instructions provided
to the aliens in the Immigration Court. 8 C.F.R. § 1003.47(d). The Immigration
Judge cannot waive the DHS biometrics fee.
(f) Payments in consolidated proceedings. —
(i) Motions to reopen and reconsider. — Only one motion fee should be
paid in a consolidated proceeding. For example, if several aliens in a consolidated
proceeding file simultaneous motions to reopen, only one motion fee should be
paid.
(ii) Applications for relief. — To determine the amount of the fee to be

paid for applications filed in consolidated proceedings, the parties should follow
the instructions on the application. In some cases, a fee is required for each
application. For example, if each alien in a consolidated proceeding wishes to
apply for cancellation of removal, a fee is required for each application.
(g) Form of payment. — When a fee is required to file an application for relief or
a motion to reopen or reconsider, the fee is paid to the Department of Homeland Security
and the form of the payment is governed by federal regulations. See 8 C.F.R. § 103.7.
(h) Defective or missing payment. — If a fee is required to file an application for

relief or motion but a fee receipt is not submitted to the Immigration Court (for example,
because the fee was not paid in advance to the Department of Homeland Security), the
filing is defective and may be rejected or excluded from evidence. If a fee is not paid in
the correct amount or is uncollectible, the filing is defective and may be rejected or
excluded from evidence. See Chapter 3.1(d) (Defective filings).

Practice Manual Hearings Before the Immigration Judges
Chapter 4 Hearings before the Immigration Judges
4.1 Types of Proceedings
Immigration Judges preside over courtroom proceedings in removal, deportation,

exclusion, and other kinds of proceedings. See Chapter 1.5(a) (Jurisdiction). This
chapter describes the procedures in removal proceedings.
Other kinds of proceedings conducted by Immigration Judges are discussed in the

following chapters:

Note: Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (IIRIRA), the two major types of courtroom proceedings conducted by Immigration
Judges were deportation and exclusion proceedings. In 1996, the IIRIRA replaced
deportation proceedings and exclusion proceedings with removal proceedings. The new
removal provisions went into effect on April 1, 1997. See INA § 240, as amended by
IIRIRA § 309(a). The regulations governing removal proceedings are found at 8 C.F.R.
§§ 1003.12-1003.41, 1240.1-1240.26. For more information on deportation and exclusion
proceedings, see Chapter 7 (Other Proceedings before Immigration Judges).
4.2 Commencement of Removal Proceedings
(a) Notice to Appear. — Removal proceedings begin when the Department of

Homeland Security files a Notice to Appear (Form I-862) with the Immigration Court after
it is served on the alien. See 8 C.F.R. §§ 1003.13, 1003.14. The Notice to Appear, or
“NTA,” is a written notice to the alien which includes the following information:
o the nature of the proceedings
o the legal authority under which the proceedings are conducted
o the acts or conduct alleged to be in violation of the law
o the charge(s) against the alien and the statutory provision(s) alleged
to have been violated

o the opportunity to be represented by counsel at no expense to the

government
o the consequences of failing to appear at scheduled hearings
o the requirement that the alien immediately provide the Attorney

General with a written record of an address and telephone number
The Notice to Appear replaces the Order to Show Cause (Form I-221), which was
the charging document used to commence deportation proceedings, and the Notice to
Applicant for Admission Detained for Hearing before an Immigration Judge (Form I-122),
which was the charging document used to commence exclusion proceedings. See
8 C.F.R. § 1003.13.
(b) Failure to prosecute. — On occasion, an initial hearing is scheduled before

the Department of Homeland Security (DHS) has been able to file a Notice to Appear with
the Immigration Court. For example, DHS may serve a Notice to Appear, which contains
a hearing date, on an alien, but not file the Notice to Appear with the court until some time
later. Where DHS has not filed the Notice to Appear with the court by the time of the first
hearing, this is known as a “failure to prosecute.” If there is a failure to prosecute, the
respondent and counsel may be excused until DHS files the Notice to Appear with the
court, at which time a hearing is scheduled. Alternatively, at the discretion of the
Immigration Judge, the hearing may go forward if both parties are present in court and
DHS files the Notice to Appear in court at the hearing.
4.3 References to Parties and the Immigration Judge
The parties in removal proceedings are the alien and the Department of Homeland
Security (DHS). See Chapter 1.2(d) (Relationship to the Department of Homeland
Security). To avoid confusion, the parties and the Immigration Judge should be referred
to as follows:
o the alien should be referred to as “the respondent”
o the Department of Homeland Security should be referred to as “the

Department of Homeland Security or “DHS”
o the attorney for the Department of Homeland Security should be referred to

as “the Assistant Chief Counsel,” “the DHS attorney,” or “the government
attorney”

o the respondent’s attorney should be referred to as “the respondent’s

counsel” or “the respondent’s representative”
o the respondent’s representative, if not an attorney, should be referred to as

“the respondent’s representative”
o the Immigration Judge should be referred to as “the Immigration Judge” and

addressed as “Your Honor” or “Judge __”
Care should be taken not to confuse the Department of Homeland Security with
the Immigration Court or the Immigration Judge. See Chapter 1.5(e) (Department of
Homeland Security).
4.4 Representation
(a) Appearances. — A respondent in removal proceedings may appear without

representation (“pro se”) or with representation. See Chapter 2 (Appearances before the
Immigration Court). If a party wishes to be represented, he or she may be represented
by an individual authorized to provide representation under federal regulations. See
8 C.F.R. § 1292.1. See also Chapter 2 (Appearances before the Immigration Court).
Whenever a respondent is represented, the respondent should submit all filings,
documents, and communications to the Immigration Court through his or her
representative. See Chapter 2.1(d) (Who may file).
(b) Notice of Appearance. — Representatives before the Immigration Court must

file a Notice of Entry of Appearance as Attorney or Representative Before the Immigration
Court (Form EOIR-28). See Chapter 2.1(b) (Entering an appearance). If at any time after
the commencement of proceedings there is a change in representation, the new
representative must file a new Form EOIR-28, as well as complying with the other
requirements for substitution of counsel, if applicable. See Chapters 2.1(b) (Entering an
appearance), 2.3(c) (Appearances), 2.3(d) (Scope of Appearances), 2.3(i)(i) (Substitution
of counsel).
(c) Multiple representation. — For guidance on the limited circumstances in

which parties may be represented by more than one representative, see Chapters 2.3(d)
(Scope of representation), 2.3(e) (Multiple representatives).
(d) Withdrawal or substitution. — Withdrawal of counsel can be requested by

oral or written motion. See Chapter 2.3(i)(ii) (Withdrawal of counsel). Substitution of
counsel also can be requested by oral or written motion. See Chapter
2.3(i)(i)(Substitution of counsel).

4.5 Hearing and Filing Location
There are more than 400 Immigration Judges in over 60 Immigration Courts
nationwide. The hearing location is identified on the Notice to Appear (Form I-862) or
hearing notice. See Chapter 4.15(c) (Notification). Parties should note that documents
are not necessarily filed at the location where the hearing is held. For information on
hearing and filing locations, see Chapter 3.1(a) (Filing). If in doubt as to where to file
documents, parties should contact the Immigration Court.
4.6 Form of the Proceedings
An Immigration Judge may conduct removal hearings:
o in person
o by video conference
o by telephone conference, except that evidentiary hearings on the merits

may only be held by telephone if the respondent consents after being
notified of the right to proceed in person or by video conference
See INA § 240(b)(2), 8 C.F.R. § 1003.25(c). See also Chapter 4.7 (Hearings by Video or
Telephone Conference).
Upon the request of the respondent or the respondent’s representative, the

Immigration Judge has the authority to waive the appearance of the respondent and/or
the respondent’s representative at specific hearings in removal proceedings. See 8
C.F.R. § 1003.25(a). See also Chapter 4.15(m) (Waivers of appearances).
4.7 Hearings by Video or Telephone Conference
(a) In general. — Immigration Judges are authorized by statute to hold hearings

by video conference and telephone conference, except that evidentiary hearings on the
merits may only be conducted by telephone conference if the respondent consents after
being notified of the right to proceed in person or through video conference. See INA §
240(b)(2), 8 C.F.R. § 1003.25(c). See also Chapter 4.6 (Form of the Proceedings).
(b) Location of parties. — Where hearings are conducted by video or telephone

conference, the Immigration Judge, the respondent, the DHS attorney, and the witnesses
need not necessarily be present together in the same location.

(c) Procedure. — Hearings held by video or telephone conference are conducted

under the same rules as hearings held in person.
(d) Filing. — For hearings conducted by video or telephone conference,

documents are filed at the Immigration Court having administrative control over the
Record of Proceedings. See Chapter 3.1(a) (Filing). The locations from which the parties
participate may be different from the location of the Immigration Court where the
documents are filed. If in doubt as to where to file documents, parties should contact the
Immigration Court.
In hearings held by video or telephone conference, Immigration Judges often allow

documents to be faxed between the parties and the Immigration Judge. Accordingly, all
documents should be single-sided. Parties should not attach staples to documents that
may need to be faxed during the hearing.
(e) More information. — Parties should contact the Immigration Court with any
questions concerning an upcoming hearing by video or telephone conference.
4.8 Attendance
Immigration Court hearings proceed promptly on the date and time that the hearing
is scheduled. Any delay in the respondent’s appearance at a master calendar or
individual calendar hearing may result in the hearing being held “in absentia” (in the
respondent’s absence). See 8 C.F.R. § 1003.26. See also Chapters 4.15 (Master
Calendar Hearing), 4.16 (Individual Calendar Hearing), 4.17 (In Absentia Hearing).
Any delay in the appearance of either party’s representative without satisfactory

notice and explanation to the Immigration Court may, in the discretion of the Immigration
Judge, result in the hearing being held in the representative’s absence.
Respondents, representatives, and witnesses should be mindful that they may

encounter delays in going through the mandatory security screening at the Immigration
Court, and should plan accordingly. See 4.14 (Access to Court). Regardless of such
delays, all individuals must pass through the security screening and be present in the
courtroom at the time the hearing is scheduled.
For hearings at detention facilities, parties should be mindful of any additional

security restrictions at the facility. See 4.14 (Access to Court). Individuals attending such
a hearing must always be present at the time the hearing is scheduled, regardless of any
such additional security restrictions.

4.9 Public Access
(a) General public. —
(i) Hearings. — Hearings in removal proceedings are generally open to the

public. However, special rules apply in the following instances:
o Evidentiary hearings involving an application for asylum or

withholding of removal (“restriction on removal”), or a claim
brought under the Convention Against Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment, are
open to the public unless the respondent expressly requests
that the hearing be closed. In cases involving these
applications or claims, the Immigration Judge inquires
whether the respondent requests such closure.
o Hearings involving an abused alien child are closed to the

public. Hearings involving an abused alien spouse are closed
to the public unless the abused spouse agrees that the
hearing and the Record of Proceedings will be open to the
public.
o Proceedings are closed to the public if information may be

considered which is subject to a protective order and was filed
under seal.
See 8 C.F.R. §§ 1003.27, 1003.31(d), 1003.46, 1208.6, 1240.10(b),

1240.11(c)(3)(i). Only parties, their representatives, employees of the Department
of Justice, and persons authorized by the Immigration Judge may attend a closed
hearing.
(ii) Immigration Judges authorized to close hearings. — The

Immigration Judge may limit attendance or close a hearing to protect parties,
witnesses, or the public interest, even if the hearing would normally be open to the
public. See 8 C.F.R. § 1003.27(b).
(iii) Motions to close hearing. — For hearings not subject to the special
rules in subsection (i), above, parties may make an oral or written motion asking
that the Immigration Judge close the hearing. See 8 C.F.R. § 1003.27(b). The
motion should set forth in detail the reason(s) for requesting that the hearing be
closed. If in writing, the motion should include a cover page labeled “MOTION

FOR CLOSED HEARING” and comply with the deadlines and requirements for
filing. See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample
Cover Page).
(b) News media. — Representatives of the news media may attend hearings that
are open to the public. The news media are subject to the general prohibition on
electronic devices in the courtroom. See Chapter 4.13 (Electronic Devices). The news
media are strongly encouraged to notify the Office of Communications and Legislative
Affairs and the Court Administrator before attending a hearing. See Appendix B (EOIR
Directory).
4.10 Record
(a) Hearings recorded. — Immigration hearings are recorded electronically by the

Immigration Judge. See 8 C.F.R. § 1240.9. Parties may listen to recordings of hearings
by prior arrangement with Immigration Court staff. See Chapters 1.6(c) (Records), 12.2
(Requests).
The entire hearing is recorded except for those occasions when the Immigration
Judge authorizes an off-the-record discussion. On those occasions, the results of the off-
the-record discussion are summarized by the Immigration Judge on the record. The
Immigration Judge asks the parties if the summary is true and complete, and the parties
are given the opportunity to add to or amend the summary, as appropriate. Parties should
request such a summary from the Immigration Judge, if the Immigration Judge does not
offer one.
(b) Transcriptions. — If an Immigration Judge’s decision is appealed to the Board

of Immigration Appeals, the hearing is transcribed in appropriate cases and a transcript
is sent to both parties. For information on transcriptions, parties should consult the Board
Practice Manual, which is available on the Executive Office for Immigration Review
(c) Record of Proceedings. — The official file containing the documents relating
to an alien’s case is the Record of Proceedings, which is created by the Immigration
Court. The contents of the Record of Proceedings vary from case to case. However, at
the conclusion of Immigration Court proceedings, the Record of Proceedings generally
contains the Notice to Appear (Form I-862), hearing notice(s), the attorney’s Notice of
Appearance (Form EOIR-28), Alien’s Change of Address Form(s) (Form EOIR-33/IC),
application(s) for relief, exhibits, motion(s), brief(s), hearing tapes (if any), and all written
orders and decisions of the Immigration Judge.

4.11 Interpreters
Interpreters are provided at government expense to individuals whose command

of the English language is inadequate to fully understand and participate in removal
proceedings. In general, the Immigration Court endeavors to accommodate the language
needs of all respondents and witnesses. The Immigration Court will arrange for an
interpreter both during the individual calendar hearing and, if necessary, the master
calendar hearing. See 8 C.F.R. § 1003.22, Chapter 4.15(o) (Other requests).
The Immigration Court uses staff interpreters employed by the Immigration Court,
contract interpreters, and telephonic interpretation services. Staff interpreters take an
oath to interpret and translate accurately at the time they are employed by the Department
of Justice. Contract interpreters take an oath to interpret and translate accurately in court.
See 8 C.F.R. § 1003.22.
4.12 Courtroom Decorum
(a) Addressing the Immigration Judge. — The Immigration Judge should be

addressed as either “Your Honor” or “Judge __.” See Chapter 4.3 (References to Parties
and the Immigration Judge). The parties should stand when the Immigration Judge enters
and exits the courtroom.
(b) Attire. — All persons appearing in the Immigration Court should respect the
decorum of the court. Representatives should appear in business attire. All others should
appear in proper attire.
(c) Conduct. — All persons appearing in the Immigration Court should respect the
dignity of the proceedings. No food or drink may be brought into the courtroom, except
as specifically permitted by the Immigration Judge. Disruptive behavior in the courtroom
or waiting area is not tolerated.
(i) Communication between the parties. — Except for questions directed

at witnesses, parties should not converse, discuss, or debate with each other or
another person during a hearing. All oral argument and statements made during
a hearing must be directed to the Immigration Judge. Discussions that are not
relevant to the proceedings should be conducted outside the courtroom.
(ii) Representatives. — Attorneys and other representatives should

observe the professional conduct rules and regulations of their licensing
authorities. Attorneys and representatives should present a professional
demeanor at all times.

(iii) Minors. — Children in removal proceedings must attend all scheduled

hearings unless their appearance has been waived by the Immigration Judge.
Unless participating in a hearing, children should not be brought to the Immigration
Court. If a child disrupts a hearing, the hearing may be postponed with the delay
attributed to the party who brought the child. Children are not allowed to stay in
the waiting area without supervision.
For Immigration Courts in Department of Homeland Security detention

facilities or federal, state, or local correctional facilities, the facility’s rules regarding
the admission of children, representatives, witnesses, and family members will
apply in addition to this subsection. See 4.14 (Access to Court).
4.13 Electronic Devices
(a) Recording devices. — Removal proceedings may only be recorded with the
equipment used by the Immigration Judge. No device of any kind, including cameras,
video recorders, and cassette recorders, may be used by any person other than the
Immigration Judge to record any part of a hearing. See 8 C.F.R. § 1003.28.
(b) Possession of electronic devices during hearings. — Subject to subsection

(c), below, all persons, including parties and members of the press, may keep in their
possession laptop computers, cellular telephones, electronic calendars, and other
electronic devices commonly used to conduct business activities, including electronic
devices which have collateral recording capability. All electronic devices must be turned
off in courtrooms and during hearings, unless otherwise authorized under subsection (c)
below. Outside of courtrooms and hearings, electronic devices may be used in non-
recording mode, but they must be made silent, and usage must be limited and non-
disruptive. No device may be used by any person other than the Immigration Judge to
record any part of a hearing. See subsection (a), above. For further discussion on the
use of electronic devices, see EOIR PM 19-10, EOIR Security Directive: Policy for Public
Use of Electronic Devices in EOIR Space (Mar. 20, 2019), available at
https://www.justice.gov/eoir/file/1146191/download.
(c) Use of electronic devices during hearings. — In any hearing before an

Immigration Judge, only attorneys or representatives of record and attorneys from DHS
representing the government may use laptop computers, electronic calendars, and other
electronic devices commonly used to conduct business activities, provided they are used
to conduct immediately relevant court and business related activities. Such devices may
only be used in silent/vibrate mode. The use of such devices must not disrupt the hearing,
and the Immigration Judge has the discretion to prohibit the continued use of any
electronic devices that pose a disruption to ongoing proceedings. Cellular telephones

and other electronic devices must be turned off when not in use to conduct business
activities in the courtroom. No device may be used by any person other than the
Immigration Judge to record any part of a hearing. See subsection (a), above. For further
discussion on the use of electronic devices, see EOIR PM 19-10, EOIR Security Directive:
Policy for Public Use of Electronic Devices in EOIR Space (Mar. 20, 2019), available at
https://www.justice.gov/eoir/file/1146191/download.
(d) Courtrooms administered under agreement. — In any Immigration Court or

detention facility administered under agreement between the Executive Office for
Immigration Review and federal, state, or local authorities, the facility’s rules regarding
the possession and use of electronic devices shall apply in addition to subsections (a)
through (c), above. In some facilities, individuals, including attorneys, are not allowed to
bring cellular telephones, laptop computers, and other electronic devices into the facility.
4.14 Access to Court
(a) Security screening. —
(i) All Immigration Courts. — All Immigration Courts require individuals

attending a hearing to pass through security screening prior to entering the court.
All individuals attending a hearing should be mindful that they may encounter
delays in passing through the security screening.
(ii) Detention facilities. — For hearings held in Department of Homeland

Security detention facilities or federal, state, or local correctional facilities,
compliance with additional security restrictions may be required. For example,
individuals may be required to obtain advance clearance to enter the facility. In
addition, cellular telephones, laptop computers, and other electronic devices are
not allowed at some of these facilities. All persons attending a hearing at such a
facility should be aware of the security restrictions in advance. Such individuals
should contact the Immigration Court or the detention facility in advance if they
have specific questions related to these restrictions.
(iii) Timeliness required. — Respondents, representatives, and witnesses

must always be present in the courtroom at the time the hearing is scheduled. This
applies regardless of any delays encountered in complying with the mandatory
security screening and, if the hearing is held at a detention facility, with any
additional security restrictions. See Chapter 4.8 (Attendance).
(b) No access to administrative offices. — Access to each Immigration Court’s

administrative offices is limited to Immigration Court staff and other authorized personnel.

Parties appearing in Immigration Court or conducting business with the Immigration Court
are not allowed access to telephones, photocopying machines, or other equipment within
the Immigration Court’s administrative offices.
4.15 Master Calendar Hearing
(a) Generally. — A respondent’s first appearance before an Immigration Judge in

removal proceedings is at a master calendar hearing. Master calendar hearings are held
for pleadings, scheduling, and other similar matters. See subsection (e), below.
(b) Request for a prompt hearing. — To allow the respondent an opportunity to

obtain counsel and to prepare to respond, at least ten days must elapse between service
of the Notice to Appear (Form I-862) on the respondent and the initial master calendar
hearing. The respondent may waive this ten-day requirement by signing the “Request for
Prompt Hearing” contained in the Notice to Appear. The respondent may then be
scheduled for a master calendar hearing within the ten-day period. See INA § 239(b)(1).
(c) Notification. — The Notice to Appear (Form I-862) served on the respondent
may contain notice of the date, time, and location of the initial master calendar hearing.
If so, the respondent must appear at that date, time, and location. If the Notice to Appear
does not contain notice of the date, time, and location of the initial master calendar
hearing, the respondent will be mailed a notice of hearing containing this information. If
there are any changes to the date, time, or location of a master calendar hearing, the
respondent will be notified by mail at the address on record with the Immigration Court.
See Chapter 2.2(c) (Address obligations).
(d) Arrival. — Parties should arrive at the Immigration Court prior to the time set
for the master calendar hearing. Attorneys and representatives should check in with the
Immigration Court staff and sign in, if a sign-in sheet is available. Parties should be
mindful that they may encounter delays in passing through mandatory security screening
prior to entering the court. See Chapters 4.8 (Attendance), 4.14 (Access to Court).
(e) Scope of the master calendar hearing. — As a general matter, the purpose
of the master calendar hearing is to:
o advise the respondent of the right to an attorney or other

representative at no expense to the government
o advise the respondent of the availability of free and low-cost legal

service providers and provide the respondent with a list of such
providers in the area where the hearing is being conducted

o advise the respondent of the right to present evidence
o advise the respondent of the right to examine and object to evidence

and to cross-examine any witnesses presented by the Department
of Homeland Security
o explain the charges and factual allegations contained in the Notice

to Appear (Form I-862) to the respondent in non-technical language
o take pleadings
o identify and narrow the factual and legal issues
o set deadlines for filing applications for relief, briefs, motions, pre-
hearing statements, exhibits, witness lists, and other documents
o provide certain warnings related to background and security

investigations
o schedule hearings to adjudicate contested matters and applications

for relief
o advise the respondent of the consequences of failing to appear at

subsequent hearings
o advise the respondent of the right to appeal to the Board of

Immigration Appeals
See INA §§ 240(b)(4), 240(b)(5), 8 C.F.R. §§ 1240.10, 1240.15.
(f) Opening of a master calendar hearing. — The Immigration Judge turns on

the recording equipment at the beginning of the master calendar hearing. The hearing is
recorded except for off-the-record discussions. See Chapter 4.10 (Record). On the
record, the Immigration Judge identifies the type of proceeding being conducted (e.g., a
removal proceeding); the respondent’s name and alien registration number (“A number”);
the date, time, and place of the proceeding; and the presence of the parties. The
Immigration Judge also verifies the respondent’s name, address, and telephone number.
If the respondent’s address or telephone number have changed, the respondent must
submit an Alien’s Change of Address Form (Form EOIR-33/IC).

If necessary, an interpreter is provided to an alien whose command of the English

language is inadequate to fully understand and participate in the hearing. See Chapter
4.11 (Interpreters), subsection (o), below. If necessary, the respondent is placed under
oath.
(g) Pro se respondent. — If the respondent is unrepresented (“pro se”) at a

master calendar hearing, the Immigration Judge advises the respondent of his or her
hearing rights and obligations, including the right to be represented at no expense to the
government. In addition, the Immigration Judge ensures that the respondent has
received a list of providers of free and low-cost legal services in the area where the
hearing is being held. The respondent may waive the right to be represented and choose
to proceed pro se. Alternatively, the respondent may request that the Immigration Judge
continue the proceedings to another master calendar hearing to give the respondent an
opportunity to obtain representation.
If the proceedings are continued but the respondent is not represented at the next
master calendar hearing, the respondent will be expected to explain his or her efforts to
obtain representation. The Immigration Judge may decide to proceed with pleadings at
that hearing or to continue the matter again to allow the respondent to obtain
representation. If the Immigration Judge decides to proceed with pleadings, he or she
advises the respondent of any relief for which the respondent appears to be eligible. Even
if the respondent is required to enter pleadings without representation, the respondent
still has the right to obtain representation before the next hearing. See Chapter 4.4
(Representation).
(h) Entry of appearance. — If a respondent is represented, the representative

should file any routinely submitted documents at the beginning of the master calendar
hearing. The representative must also serve such documents on the opposing party. See
Chapter 3.2 (Service on the Opposing Party). Routinely-submitted documents include
the Notice of Appearance (Form EOIR-28) and the Alien’s Change of Address Form
(Form EOIR-33/IC). See Chapters 2.1(b) (Entering an appearance), 2.2(c) (Address
obligations), 2.3(h)(ii) (Address obligations of represented aliens).
(i) Pleadings. — At the master calendar hearing, the parties should be prepared
to plead as follows.
(i) Respondent. — The respondent should be prepared:
o to concede or deny service of the Notice to Appear (Form

I-862)

o to request or waive a formal reading of the Notice to Appear

(Form I-862)
o to request or waive an explanation of the respondent’s rights

and obligations in removal proceedings
o to admit or deny the charges and factual allegations in the

Notice to Appear (Form I-862)
o to designate or decline to designate a country of removal
o to state what applications(s) for relief from removal, if any, the

respondent intends to file
o to identify and narrow the legal and factual issues
o to estimate (in hours) the amount of time needed to present

the case at the individual calendar hearing
o to request a date on which to file the application(s) for relief, if

any, with the Immigration Court
o to request an interpreter for the respondent and witnesses, if

needed
A sample oral pleading is included in Appendix M (Sample Oral

Pleading). To make the master calendar hearing process more expeditious
and efficient, representatives are strongly encouraged to use this oral
pleading format.
(ii) Department of Homeland Security. — The DHS attorney should be

prepared:
o to state DHS’s position on all legal and factual issues,

including eligibility for relief
o to designate a country of removal

o to file with the Immigration Court and serve on the opposing

party all documents that support the charges and factual
allegations in the Notice to Appear (Form I-862)
o to serve on the respondent the DHS biometrics instructions, if

appropriate
(j) Written pleadings. — In lieu of oral pleadings, the Immigration Judge may
permit represented parties to file written pleadings, if the party concedes proper service
of the Notice to Appear (Form I-862). See Appendix L (Sample Written Pleading). The
written pleadings must be signed by the respondent and the respondent’s representative.
The written pleading should contain the following:
o a concession that the Notice to Appear (Form I-862) was properly

served on the respondent
o a representation that the hearing rights set forth in 8 C.F.R. §

1240.10 have been explained to the respondent
o a representation that the consequences of failing to appear in

Immigration Court have been explained to the respondent
o an admission or denial of the factual allegations in the Notice to

Appear (Form I-862)
o a concession or denial of the charge(s) in the Notice to Appear (Form

I-862)
o a designation of, or refusal to designate, a country of removal
o an identification of the application(s) for relief from removal, if any,

the respondent intends to file
o a representation that any application(s) for relief (other than asylum)

will be filed no later than fifteen (15) days before the individual
calendar hearing, unless otherwise directed by the Immigration
Judge
o an estimate of the number of hours required for the individual

calendar hearing

o a request for an interpreter, if needed, that follows the guidelines in

subsection (n), below
o if background and security investigations are required, a

representation that:
• the respondent has been provided Department of Homeland

Security (DHS) biometrics instructions
• the DHS biometrics instructions have been explained to the

respondent
• the respondent will timely comply with the DHS biometrics

instructions prior to the individual calendar hearing
• the consequences of failing to comply with the DHS biometrics

instructions have been explained to the respondent
o a representation by the respondent that he or she:
• understands the rights set forth in 8 C.F.R. § 1240.10 and

waives a further explanation of those rights by the Immigration
Judge
• if applying for asylum, understands the consequences under

INA § 208(d)(6) of knowingly filing or making a frivolous
asylum application
• understands the consequences of failing to appear in

Immigration Court or for a scheduled departure
• understands the consequences of failing to comply with the

DHS biometrics instructions
• knowingly and voluntarily waives the oral notice required by

INA § 240(b)(7) regarding limitations on discretionary relief
following an in absentia removal order, or authorizes his or
her representative to waive such notice

• understands the requirement in 8 C.F.R. § 1003.15(d) to file

an Alien’s Change of Address Form (Form EOIR-33/IC) with
the Immigration Court within five (5) days of moving or
changing a telephone number
Additional matters may be included in the written pleading when appropriate. For
example, the party may need to provide more specific information in connection with a
request for an interpreter. See subsection (p), below.
(k) Background checks and security investigations. — For certain applications

for relief from removal, the Department of Homeland Security (DHS) is required to
complete background and security investigations. See 8 C.F.R. § 1003.47. Questions
regarding background checks and security investigations should be addressed to DHS.
(i) Non-detained cases. — If a non-detained respondent seeks relief

requiring background and security investigations, the DHS attorney provides the
respondent with the DHS biometrics instructions. The respondent is expected to
promptly comply with the DHS biometrics instructions by the deadlines set by the
Immigration Judge. Failure to timely comply with these instructions will result in
the application for relief not being considered unless the applicant demonstrates
that such failure was the result of good cause. 8 C.F.R. § 1003.47(d).
In all cases in which the respondent is represented, the representative

should ensure that the respondent understands the DHS biometrics instructions
and the consequences of failing to timely comply with the instructions.
(ii) Detained cases. — If background and security investigations are

required for detained respondents, DHS is responsible for timely fingerprinting the
respondent and obtaining all necessary information. See 8 C.F.R. § 1003.47(d).
(l) Asylum Clock. — The Immigration Court operates an asylum adjudications

clock which measures the length of time an asylum application has been pending for each
asylum applicant in removal proceedings. The asylum clock is an administrative function
that tracks the number of days elapsed since the application was filed, not including any
delays requested or caused by the applicant and ending with the final administrative
adjudication of the application. This period also does not include administrative appeal
or remand.
Where a respondent has applied for asylum, the Immigration Judge determines
during the master calendar hearing whether the case is an expedited asylum case. If so,
the Immigration Judge asks on the record whether the applicant wants an “expedited

asylum hearing date,” meaning an asylum hearing scheduled for completion within 180
days of the filing. If the case is being adjourned for an alien-related reason, the asylum
clock will stop until the next hearing.
Certain asylum applicants are eligible to receive employment authorization from

the Department of Homeland Security (DHS) 180 days after the application is filed, not
including delays in the proceedings caused by the applicant. To facilitate DHS’s
adjudication of employment authorization applications, the Executive Office for
Immigration Review (EOIR) provides DHS with access to its asylum adjudications clock
for cases pending before EOIR. See INA §§ 208(d)(2), 208(d)(5)(A)(iii); 8 C.F.R. §
1208.7.
(i) Lodged Asylum Applications. — For the purpose of employment

authorization, DHS considers a defensive asylum application “filed” as of the date
the application is filed with the Immigration Court, unless the application is first
lodged with the court. If the application is first lodged with the court, DHS considers
the date on which the application is lodged for the purpose of determining eligibility
for employment authorization. An alien may lodge an asylum application at the
Immigration Court’s public window during that court’s filing hours, or by sending it
to the Immigration Court by mail or courier.
The lodged date is not the filing date, and a lodged asylum application is
not considered filed. A respondent who lodges a defensive asylum application
must still file the completed application by mail, courier, at the court window, or
before an Immigration Judge at a master calendar hearing. See Chapter
3.1(b)(III)(A) (Defensive applications).
The Immigration Court places a date stamp and a “lodged not filed” stamp
on the application, and returns the application to the alien. The court does not
retain a copy of the lodged application, and it is not placed in the record of
proceedings; however, the date that the application was lodged with the court is
electronically transmitted to DHS.
(A) Requirements for lodging. — Only a respondent who plans to

file a defensive asylum application, but has not yet done so, may lodge an
asylum application. An asylum applicant may only lodge an asylum
application once. If an asylum application is lodged, it must be lodged
before that application is filed before an Immigration Judge at a master
calendar hearing. An applicant who already has an asylum application
pending with the court may not lodge an asylum application. Accordingly,
if a respondent files an application with DHS and DHS refers that application

to the court, the respondent may not lodge an asylum application.
If an alien lodges an asylum application by mail or courier, the

application must be accompanied by a self-addressed stamped envelope
or comparable return delivery packaging. It must also be accompanied by
a cover page or include a prominent annotation on the top of the front page
of the form stating that it is being submitted for the purpose of lodging .
Note that a Proof of Service is not required to lodge an application.
(B) Defective lodging. — Under certain circumstances, an asylum

application which is submitted for the purpose of lodging the application is
rejected. Examples of defective submissions include:
o the Form I-589 does not have the applicant’s name
o the Form I-589 does not have the A-number
o the Form I-589 is not signed by the applicant
o the Form I-589 has already been lodged with the court
o the Form I-589 has already been filed with the court
o the Form I-589 was referred to the court from USCIS
o the Form I-589 is being submitted for lodging at the incorrect

court location
o the case is pending before the Board of Immigration Appeals
o the case is not pending before EOIR
An application that is submitted by mail or courier for the purpose of lodging

is subject to rejection for the following additional defects:
o the application is not accompanied by a self-addressed

stamped envelope or comparable return delivery packaging;
or

o The application is not accompanied by a cover page or does

not include a prominent annotation on the top of the front page
of the form stating that it is being submitted for the purpose of
lodging.
(m) Waivers of appearances. — Respondents and representatives must appear

at all master calendar hearings unless the Immigration Judge has granted a waiver of
appearance for that hearing. Waivers of appearances for master calendar hearings are
described in subsections (i) and (ii), below. Respondents and representatives requesting
waivers of appearances should note the limitations on waivers of appearances described
in subsection (iii), below.
Representatives should note that a motion for a waiver of a representative’s

appearance is distinct from a representative’s motion for a telephonic appearance.
Motions for telephonic appearances are described in subsection (n), below.
(i) Waiver of representative’s appearance. — A representative’s

appearance at a master calendar hearing may be waived only by written motion
filed in conjunction with written pleadings. See subsection (j), above. The written
motion should be filed with a cover page labeled “MOTION TO WAIVE
REPRESENTATIVE’s APPEARANCE” and comply with the deadlines and
requirements for filing. See Chapter 3 (Filing with the Immigration Court),
Appendix F (Sample Cover Page). The motion should state the date and time of
the master calendar hearing and explain the reason(s) for requesting a waiver of
the representative’s appearance.
(ii) Waiver of respondent’s appearance. — A respondent’s appearance

at a master calendar hearing may be waived by oral or written motion. See
8 C.F.R. § 1003.25(a). If in writing, the motion should be filed with a cover page
labeled “MOTION TO WAIVE RESPONDENT’s APPEARANCE” and comply with
the deadlines and requirements for filing. See Chapter 3 (Filing with the
Immigration Court), Appendix F (Sample Cover Page). The motion should state
the date and time of the master calendar hearing and explain the reason(s) for
requesting a waiver of the respondent’s appearance.
(iii) Limitations on waivers of appearances. —
(A) Waivers granted separately. — A waiver of a representative’s

appearance at a master calendar hearing does not constitute a waiver of
the respondent’s appearance. A waiver of a respondent’s appearance at a

master calendar hearing does not constitute a waiver of the representative’s

appearance.
(B) Pending motion. — The mere filing of a motion to waive the

appearance of a representative or respondent at a master calendar hearing
does not excuse the appearance of the representative or respondent at that
hearing. Therefore, the representative or respondent must appear in
person unless the motion has been granted.
(C) Future hearings. — A waiver of the appearance of a

representative or respondent at a master calendar hearing does not
constitute a waiver of the appearance of the representative or respondent
at any future hearing.
(n) Telephonic appearances. — In certain instances, respondents and

representatives may appear by telephone at some master calendar hearings at the
Immigration Judge’s discretion. For more information, parties should contact the
Immigration Court.
An appearance by telephone may be requested by written or oral motion. If in

writing, the motion should be filed with a cover page labeled “MOTION TO PERMIT
TELEPHONIC APPEARANCE” and comply with the deadlines and requirements for filing.
See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page). The
motion should state the date and time of the master calendar hearing and explain the
reason(s) for requesting a telephonic appearance. In addition, the motion should state
the telephone number of the representative or respondent.
Parties requesting an appearance by telephone should note the guidelines in

subsections (i) through (v), below.
(i) Representative’s telephonic appearance is not a waiver of

respondent’s appearance. — Permission for a representative to appear by
telephone at a master calendar hearing does not constitute a waiver of the
respondent’s appearance at that hearing. A request for a waiver of a respondent’s
appearance at a master calendar hearing must comply with the guidelines in
subsection (m), above.
(ii) Availability. — A representative or respondent appearing by telephone

must be available during the entire master calendar hearing.

(iii) Cellular telephones. — Unless expressly permitted by the Immigration

Judge, cellular telephones should not be used for telephonic appearances.
(iv) Pending motion. — The mere filing of a motion to permit a

representative or respondent to appear by telephone at a master calendar hearing
does not excuse the appearance in person at that hearing by the representative or
respondent. Therefore, the representative or respondent must appear in person
unless the motion has been granted.
(v) Future hearings. — Permission for a representative or respondent to

appear by telephone at a master calendar hearing does not constitute permission
for the representative or respondent to appear by telephone at any future hearing.
(o) Other requests. — In preparation for an upcoming individual calendar hearing,

the following requests may be made at the master calendar hearing or afterwards, as
described below.
(i) Interpreters. — If a party anticipates that an interpreter will be needed

at the individual calendar hearing, the party should request an interpreter, either
by oral motion at a master calendar hearing, by written motion, or in a written
pleading. Parties are strongly encouraged to submit requests for interpreters at the
master calendar hearing rather than following the hearing. A written motion to
request an interpreter should be filed with a cover page labeled “MOTION TO
REQUEST AN INTERPRETER,” and comply with the deadlines and requirements
for filing. See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample
Cover Page).
A request for an interpreter, whether made by oral motion, by written motion,

or in a written pleading, should contain the following information:
o the name of the language requested, including any variations

in spelling
o the specific dialect of the language, if applicable
o the geographical locations where such dialect is spoken, if

applicable
o the identification of any other languages in which the

respondent or witness is fluent

o any other appropriate information necessary for the selection

of an interpreter
(ii) Video testimony. — In certain instances, witnesses may testify by video

at the individual calendar hearing, at the Immigration Judge’s discretion. Video
testimony may be requested only by written motion. For more information, parties
should contact the Immigration Court.
A written motion to request video testimony should be filed with a cover

page labeled “MOTION TO PRESENT VIDEO TESTIMONY,” and comply with the
deadlines and requirements for filing. See Chapter 3 (Filing with the Immigration
Court), Appendix F (Sample Cover Page). A motion to present video testimony
must include an explanation of why the witness cannot appear in person. In
addition, parties wishing to present video testimony must comply with the
requirements for witness lists. See Chapter 3.3(g) (Witness lists).
If video testimony is permitted, the Immigration Judge specifies the time and
manner under which the testimony is taken.
(iii) Telephonic testimony. — In certain instances, witnesses may testify

by telephone, at the Immigration Judge’s discretion. If a party wishes to have
witnesses testify by telephone at the individual calendar hearing, this may be
requested by oral motion at the master calendar hearing or by written motion. If
telephonic testimony is permitted, the court specifies the time and manner under
which the testimony is taken. For more information, parties should contact the
Immigration Court.
A written motion to request telephonic testimony should be filed with a cover

page labeled “MOTION TO PRESENT TELEPHONIC TESTIMONY,” and comply
with the deadlines and requirements for filing. See Chapter 3 (Filing with the
Immigration Court), Appendix F (Sample Cover Page). In addition, parties wishing
to present telephonic testimony must comply with the requirements for witness
lists. See Chapter 3.3(g) (Witness lists).
(A) Contents. — An oral or written motion to permit telephonic

testimony must include:
o an explanation of why the witness cannot appear in

person

o the witness’s telephone number and the location from

which the witness will testify
(B) Availability. — A witness appearing by telephone must be

available to testify at any time during the course of the individual calendar
hearing.
(C) Cellular telephones. — Unless permitted by the Immigration

Judge, cellular telephones should not be used by witnesses testifying
telephonically.
(D) International calls. — If international telephonic testimony is

permitted, the requesting party should bring a pre-paid telephone card to
the Immigration Court to pay for the call.
4.16 Individual Calendar Hearing
(a) Generally. — Evidentiary hearings on contested matters are referred to as

individual calendar hearings or merits hearings. Contested matters include challenges to
removability and applications for relief.
(b) Filings. — The following documents should be filed in preparation for the
individual calendar hearing, as necessary. Parties should note that, since Records of
Proceedings in removal proceedings are kept separate from Records of Proceeding in
bond redetermination proceedings, documents already filed in bond redetermination
proceedings must be re-filed for removal proceedings. See Chapter 9.3 (Bond
Proceedings).
(i) Applications, exhibits, motions. — Parties should file all applications

for relief, proposed exhibits, and motions, as appropriate. All submissions must
comply with the deadlines and requirements for filing. See Chapter 3 (Filing with
the Immigration Court).
(ii) Witness list. — If presenting witnesses other than the respondent,

parties must file a witness list that complies with the requirements of Chapter 3.3(g)
(Witness lists). In addition, the witness list must comply with the deadlines and
requirements for filing. See Chapter 3 (Filing with the Immigration Court).
(iii) Criminal history chart. — When submitting documents relating to a

respondent’s criminal arrests, prosecutions, or convictions, parties are encouraged
to use a criminal history chart and attach all pertinent documentation, such as

arrest and conviction records. For guidance on submitting a criminal history chart,
see Chapter 3.3(f) (Criminal conviction documents). For a sample, see Appendix
O (Sample Criminal History Chart). Parties submitting a criminal history chart
should comply with the deadlines and requirements for filing. See Chapter 3 (Filing
with the Immigration Court).
(c) Opening the individual calendar hearing. — The Immigration Judge turns
on the recording equipment at the beginning of the individual calendar hearing. The
hearing is recorded, except for off-the-record discussions. See Chapter 4.10 (Record).
On the record, the Immigration Judge identifies the type of proceeding being
conducted (e.g., a removal proceeding); the respondent’s name and alien registration
number (“A number”); the date, time and place of the proceeding; and the presence of
the parties. The Immigration Judge also verifies the respondent’s name, address, and
telephone number. If the respondent’s address or telephone number have changed, the
respondent must submit an Alien’s Change of Address Form (Form EOIR-33/IC).
(d) Conduct of hearing. — While the Immigration Judge decides how each
hearing is conducted, parties should be prepared to:
o make an opening statement
o raise any objections to the other party’s evidence
o present witnesses and evidence on all issues
o cross-examine opposing witnesses and object to testimony
o make a closing statement
(e) Witnesses. — All witnesses, including the respondent if he or she testifies, are
placed under oath by the Immigration Judge before testifying. If necessary, an interpreter
is provided. See Chapters 4.11 (Interpreters), 4.15(o) (Other requests). The Immigration
Judge may ask questions of the respondent and all witnesses at any time during the
hearing. See INA § 240(b)(1).
(f) Pro se respondents. — Unrepresented (“pro se”) respondents have the same
hearing rights and obligations as represented respondents. For example, pro se
respondents may testify, present witnesses, cross-examine any witnesses presented by
the Department of Homeland Security (DHS), and object to evidence presented by DHS.
When a respondent appears pro se, the Immigration Judge generally participates in

questioning the respondent and the respondent’s witnesses. As in all removal

proceedings, DHS may object to evidence presented by a pro se respondent and may
cross-examine the respondent and the respondent’s witnesses.
(g) Decision. — After the parties have presented their cases, the Immigration
Judge renders a decision. The Immigration Judge may render an oral decision at the
hearing’s conclusion, or he or she may render an oral or written decision on a later date.
See Chapter 1.5(c) (Immigration Judge decisions). If the decision is rendered orally, the
parties are given a signed summary order from the court.
(h) Appeal. — The respondent and the Department of Homeland Security have
the right to appeal the Immigration Judge’s decision to the Board of Immigration Appeals.
See Chapter 6 (Appeals of Immigration Judge Decisions). A party may waive the right to
appeal. At the conclusion of Immigration Court proceedings, the Immigration Judge
informs the parties of the deadline for filing an appeal with the Board, unless the right to
appeal is waived. See Chapter 6.4 (Waiver of Appeal).
Parties should note that the Immigration Judge may ask the Board to review his or
her decision. This is known as “certifying” a case to the Board. The certification of a case
is separate from any appeal in the case. Therefore, a party wishing to appeal must file
an appeal even if the Immigration Judge has certified the case to the Board. See Chapter
6.5 (Certification).
If an appeal is not filed, the Immigration Judge’s decision becomes the final
administrative decision in the matter, unless the case has been certified to the Board.
(i) Relief granted. — If a respondent’s application for relief from removal is

granted, the respondent is provided the Department of Homeland Security (DHS) post-
order instructions. These instructions describe the steps the respondent should follow to
obtain documentation of his or her immigration status from U.S. Citizenship and
Immigration Services, a component of DHS.
More information about these post-order instructions is available on the Executive

Office for Immigration Review website at www.justice.gov/eoir.
For respondents who are granted asylum, information on asylees’ benefits and
responsibilities is available at the Immigration Court.
4.17 In Absentia Hearing

(a) In general. Any delay in the respondent’s appearance at a master calendar or

individual calendar hearing may result in the respondent being ordered removed “in
absentia” (in the respondent’s absence). See 8 C.F.R. § 1003.26(c). See also Chapter
4.8 (Attendance). There is no appeal from a removal order issued in absentia. However,
parties may file a motion to reopen to rescind an in absentia removal order. See Chapter
5.9 (Motions to Reopen In Absentia Orders).
(b) Deportation and exclusion proceedings. — Parties should note that in

absentia orders in deportation and exclusion proceedings are governed by different
standards than in absentia orders in removal proceedings. For the provisions governing
in absentia orders in deportation and exclusion proceedings, see 8 C.F.R. § 1003.26.
See also Chapter 7 (Other Hearings before Immigration Judges).
4.18 Pre-Hearing Conferences and Statements
(a) Pre-hearing conferences. — Pre-hearing conferences are held between the

parties and the Immigration Judge to narrow issues, obtain stipulations between the
parties, exchange information voluntarily, and otherwise simplify and organize the
proceeding. See 8 C.F.R. § 1003.21(a).
Pre-hearing conferences may be requested by a party or initiated by the

Immigration Judge. A party’s request for a pre-hearing conference may be made orally
or by written motion. If in writing, the motion should be filed with a cover page labeled
“MOTION FOR A PRE-HEARING CONFERENCE,” and comply with the deadlines and
requirements for filing. See Chapter 3 (Filing with the Immigration Court), Appendix F
(Sample Cover Page).
Even if a pre-hearing conference is not held, the parties are strongly encouraged
to confer prior to a hearing in order to narrow issues for litigation. Parties are further
encouraged to file pre-hearing statements following such discussions. See subsection
(b), below.
o 33
o the estimated time required to present the case
o a statement of unresolved issues in the proceeding
See 8 C.F.R. § 1003.21(b).

(b) Pre-hearing statements. — An Immigration Judge may order the parties to

file a pre-hearing statement See 8 C.F.R. § 1003.21(b). Parties are encouraged to file a
pre-hearing statement even if not ordered to do so by the Immigration Judge. Parties
also are encouraged to file pre-hearing briefs addressing questions of law. See Chapter
4.19 (Pre-Hearing Briefs).
(i) Filing. — A pre-hearing statement should be filed with a cover page with
an appropriate label (e.g., “PARTIES’ PRE-HEARING STATEMENT”), and comply
Immigration Court), Appendix F (Sample Cover Page).
(ii) Contents of a pre-hearing statement. — In general, the purpose of a

pre-hearing statement is to narrow and reduce the factual and legal issues in
advance of an individual calendar hearing. For example, a pre-hearing statement
may include the following items:
o a statement of facts to which both parties have stipulated,

together with a statement that the parties have communicated
in good faith to stipulate to the fullest extent possible
o a list of proposed witnesses and what they will establish
o a list of exhibits, copies of exhibits to be introduced, and a

statement of the reason for their introduction
o the estimated time required to present the case
o a statement of unresolved issues in the proceeding
See 8 C.F.R. § 1003.21(b).
4.19 Pre-Hearing Briefs
(a) Generally. — An Immigration Judge may order the parties to file pre-hearing
briefs. Parties are encouraged to file pre-hearing briefs even if not ordered to do so by
the Immigration Judge. Parties are also encouraged to file pre-hearing statements to
narrow and reduce the legal and factual issues in dispute. See Chapter 4.18(b) (Pre-
hearing statements).
(b) Guidelines. — Pre-hearing briefs advise the Immigration Judge of a party’s

positions and arguments on questions of law. A well-written pre-hearing brief is in the

party’s best interest and is of great importance to the Immigration Judge. Pre-hearing
briefs should be clear, concise, and well-organized. They should cite the record, as
appropriate. Pre-hearing briefs should cite legal authorities fully, fairly, and accurately.
Pre-hearing briefs should always recite those facts that are appropriate and
germane to the adjudication of the issue(s) at the individual calendar hearing. They
should cite proper legal authority, where such authority is available. See subsection (f),
below. Pre-hearing briefs should not belabor facts or law that are not in dispute. Parties
are encouraged to expressly identify in their pre-hearing briefs those facts or law that are
not in dispute.
Briefs and other submissions should always be paginated. Parties must limit the
body of their briefs to 25 pages. If a party believes it cannot adequately address the
issues in the case within the page limit, the party may make a motion to increase the page
limit. Pre-hearing briefs should always be paginated.
(c) Format. —
(i) Filing. — Pre-hearing briefs should be filed with a cover page with an
appropriate label (e.g., “RESPONDENT’s PRE-HEARING BRIEF”), and comply
Immigration Court), Appendix F (Sample Cover Page). Pre-hearing briefs must be
signed by the respondent, the respondent’s primary attorney (notice attorney) or
representative, or the representative of the Department of Homeland Security.
See Chapter 3.3(b) (Signatures). See also Chapter 2 (Appearances before the
Immigration Court).
(ii) Contents. — Unless otherwise directed by the Immigration Judge, the

following items should be included in a pre-hearing brief:
o a concise statement of facts
o a statement of issues
o a statement of the burden of proof
o a summary of the argument
o the argument
o a short conclusion stating the precise relief or remedy sought

(iii) Statement of facts. — Statements of facts in pre-hearing briefs should

be concise. Facts should be set out clearly. Points of contention and points of
agreement should be expressly identified.
Facts, like case law, require citation. Parties should support factual
assertions by citing to any supporting documentation or exhibits, whether in the
record or accompanying the brief. See subsection (f), below.
Do not misstate or misrepresent the facts, or omit unfavorable facts that are
relevant to the legal issue. A brief’s accuracy and integrity are paramount to the
persuasiveness of the argument and the decision regarding the legal issue(s)
addressed in the brief.
(iv) Footnotes. — Substantive arguments should be restricted to the text

of pre-hearing briefs. The excessive use of footnotes is discouraged.
(v) Headings and other markers. — Pre-hearing briefs should employ

headings, sub-headings, and spacing to make the brief more readable. Short
paragraphs with topic sentences and proper headings facilitate the coherence and
cohesiveness of arguments.
(vi) Chronologies. — Pre-hearing briefs should contain a chronology of the

facts, especially where the facts are complicated or involve several events. Charts
or similar graphic representations that chronicle events are welcome. See
Appendix O (Sample Criminal History Chart).
(d) Consolidated pre-hearing briefs. C Where cases have been consolidated,

one pre-hearing brief may be submitted on behalf of all respondents in the consolidated
proceeding, provided that each respondent’s full name and alien registration number
(“A number”) appear on the consolidated pre-hearing brief. See Chapter 4.21 (Combining
and Separating Cases).
(e) Responses to pre-hearing briefs. — When a party files a pre-hearing brief,

the other party may file a response brief. A response brief should be filed with a cover
page with an appropriate label (e.g., “DHS RESPONSE TO PRE-HEARING BRIEF”), and
comply with the deadlines and requirements for filing. See Chapter 3 (Filing with the
Immigration Court), Appendix F (Sample Cover Page). Response briefs should comply
with the guidelines for pre-hearing briefs set forth above.

(f) Citation. — Parties are expected to provide complete and clear citations to all
factual and legal authorities. Parties should comply with the citation guidelines in
Appendix J (Citation Guidelines).
4.20 Subpoenas
(a) Applying for a subpoena. — A party may request that a subpoena be issued
requiring that witnesses attend a hearing or that documents be produced. See 8 C.F.R.
§§ 1003.35, 1287.4(a)(2)(ii). A request for a subpoena may be made by written motion
or by oral motion. If made in writing, the request should be filed with a cover page labeled
“MOTION FOR SUBPOENA,” and comply with the deadlines and requirements for filing.
See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page).
Whether made orally or in writing, a motion for a subpoena must:
o provide the court with a proposed subpoena
o state what the party expects to prove by such witnesses or

documentary evidence
o show affirmatively that the party has made diligent effort, without
success, to produce the witnesses or documentary evidence
If requesting a subpoena for telephonic testimony, the party should also comply
with Chapter 4.15(o)(iii) (Telephonic testimony).
(b) Contents. — A proposed subpoena should contain:
o the respondent’s name and alien registration number (AA number”)
o the type of proceeding
o the name and address of the person to whom the subpoena is

directed
o a command that the recipient of the subpoena:
• testify in court at a specified time,

• testify by telephone at a specified time, or
• produce specified books, papers, or other items

o a return on service of subpoena
See 8 C.F.R. § 1003.35(b)(3), Appendix N (Sample Subpoena).
(c) Appearance of witness. — If the witness whose testimony is required is more

than 100 miles from the Immigration Court where the hearing is being conducted, the
subpoena must provide for the witness’s appearance at the Immigration Court nearest to
the witness to respond to oral or written interrogatories, unless the party calling the
witness has no objection to bringing the witness to the hearing. See 8 C.F.R.
§ 1003.35(b)(4).
(d) Service. — A subpoena issued under the above provisions may be served by
any person over 18 years of age not a party to the case. See 8 C.F.R. § 1003.35(b)(5).
4.21 Combining and Separating Cases
(a) Consolidated cases. — Consolidation of cases is the administrative joining of

separate cases into a single adjudication for all of the parties involved. Consolidation is
generally limited to cases involving immediate family members. The Immigration Court
may consolidate cases at its discretion or upon motion of one or both of the parties, where
appropriate. For example, the Immigration Court may grant consolidation when spouses
or siblings have separate but overlapping circumstances or claims for relief.
Consolidation must be sought through the filing of a written motion that states the reasons
for requesting consolidation. Such motion should include a cover page labeled “MOTION
FOR CONSOLIDATION” and comply with the deadlines and requirements for filing. See
Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page). A copy
of the motion should be filed for each case included in the request for consolidation. The
motion should be filed as far in advance of any filing deadline as possible. See Chapter
3.1(b) (Timing of submissions).
(b) Severance of cases. — Severance of cases is the division of a consolidated

case into separate cases, relative to each individual. The Immigration Court may sever
cases in its discretion or upon request of one or both of the parties. Severance must be
sought through the filing of a written motion that states the reasons for requesting
severance. Such motion should include a cover page labeled “MOTION FOR
SEVERANCE” and comply with the deadlines and requirements for filing. See Chapter
3 (Filing before the Immigration Court), Appendix F (Sample Cover Page). A copy of the
motion should be filed for each case included in the request for severance. Parties are
advised, however, that such motion should be filed as far in advance of any filing deadline
as possible. See Chapter 3.1(b) (Timing of submissions).

4.22 Juveniles
(a) Scheduling. — Immigration Courts do their best to schedule cases involving

unaccompanied juveniles on a separate docket or at a fixed time in the week or month,
separate and apart from adult cases.
(b) Representation. — An Immigration Judge cannot appoint a legal

representative or a guardian ad litem for unaccompanied juveniles. However, the
Executive Office for Immigration Review encourages the use of pro bono legal resources
for unaccompanied juveniles. For further information, see Chapter 2.2(b) (Legal service
providers).
(c) Courtroom orientation. — Juveniles are encouraged, under the supervision

of court personnel, to explore an empty courtroom, sit in all locations, and practice
answering simple questions before the hearing. The Department of Health and Human
Services, Office of Refugee Resettlement, provides orientation for most juveniles in their
native languages, explaining Immigration Court proceedings.
(d) Courtroom modifications. — Immigration Judges make reasonable

modifications for juveniles. These may include allowing juveniles to bring pillows, or toys,
permitting juveniles to sit with an adult companion, and permitting juveniles to testify
outside the witness stand next to a trusted adult or friend.
(e) Detained juveniles. — For additional provisions regarding detained juveniles,

see Chapter 9.2 (Detained Juveniles).

Practice Manual Motions before the Immigration Court
Chapter 5 Motions before the Immigration Court

5.1 Who May File
(a) Parties. — Only an alien who is in proceedings before the Immigration Court
(or the alien’s representative), or the Department of Homeland Security may file a motion.
A motion must identify all parties covered by the motion and state clearly their full names
and alien registration numbers (“A numbers”), including all family members in
proceedings. See Chapter 5.2(b) (Form), Appendix F (Sample Cover Page). The
Immigration Judge will not assume that the motion includes all family members (or group
members in consolidated proceedings). See Chapter 4.21 (Combining and Separating
Cases).
(b) Representatives. — Whenever a party is represented, the party should submit

all motions to the Court through the representative. See Chapter 2.1(d) (Who may file).
(i) Pre-decision motions. — If a representative has already filed a Notice

of Entry of Appearance as Attorney or Representative Before the Immigration
Court (Form EOIR-28), and the Immigration Judge has not rendered a final order
in the case, a motion need not be accompanied by a Form EOIR-28. However, if
a representative is appearing for the first time, the representative must file a Form
EOIR-28 along with the motion. See Chapter 2 (Appearances before the
Immigration Court).
(ii) Post-decision motions. — All motions to reopen, motions to

reconsider, and motions to reopen to rescind an in absentia order filed by a
representative must be accompanied by a Form EOIR-28, even if the
representative is already the representative of record. See Chapter 2
(Appearances before the Immigration Court).
(c) Persons not party to the proceedings. — Only a party to a proceeding, or a

party’s representative, may file a motion pertaining to that proceeding. Family members,
employers, and other third parties may not file a motion. If a third party seeks Immigration
Court action in a particular case, the request should be made through a party to the
proceeding.
5.2 Filing a Motion

(a) Where to file. — The Immigration Court may entertain motions only in those
cases in which it has jurisdiction. See subsections (i), (ii), (iii), below, Appendix K (Where
to File). If the Immigration Court has jurisdiction, motions are filed with the Immigration
Court having administrative control over the Record of Proceedings. See Chapter 3.1(a)
(Filing).
(i) Cases not yet filed with the Immigration Court. — Except for requests
for bond redetermination proceedings, the Immigration Court cannot entertain
motions if a charging document (i.e., a Notice to Appear) has not been filed with
the court. See Chapters 4.2 (Commencement of Removal Proceedings), 9.3(b)
(Jurisdiction).
(ii) Cases pending before the Immigration Court. — If a charging

document has been filed with the Immigration Court but the case has not yet been
decided by the Immigration Judge, all motions must be filed with the court.
(iii) Cases already decided by the Immigration Court. —
(A) No appeal filed. — Where a case has been decided by the

Immigration Judge, and no appeal has been filed with the Board of
Immigration Appeals, motions to reopen and motions to reconsider are filed
with the Immigration Court. Parties should be mindful of the strict time and
number limits on motions to reopen and motions to reconsider. See
Chapters 5.7 (Motions to Reopen), 5.8 (Motions to Reconsider), 5.9
(Motions to Reopen In Absentia Orders).
(B) Appeal filed. — Where a case has been decided by the

Immigration Judge, and an appeal has been filed with the Board of
Immigration Appeals, the parties should consult the Board Practice Manual
for guidance on where to file motions. The Board Practice Manual is
www.justice.gov/eoir. See also Appendix K (Where to File).
(b) Form. — There is no official form for filing a motion before the Immigration
Court. Motions must be filed with a cover page and comply with the requirements for
filing. See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover
Page). In addition, all motions must be accompanied by the appropriate proposed order
for the Immigration Judge’s signature. See Appendix Q (Sample Proposed Order).
Motions and supporting documents should be assembled in the order described in
Chapter 3.3(c)(i) (Order of documents).

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A motion’s cover page must accurately describe the motion. See Chapter
3.3(c)(vi) (Cover page and caption). Parties should note that the Immigration Court
construes motions according to content rather than title. Therefore, the court applies time
and number limits according to the nature of the motion rather than the motion’s title. See
Chapter 5.3 (Motion Limits).
Motions must state with particularity the grounds on which the motion is based. In
addition, motions must identify the relief or remedy sought by the filing party.
(c) When to file. — Pre-decision motions must comply with the deadlines for filing
discussed in Chapter 3.1(b) (Timing of submissions). Deadlines for filing motions to
reopen, motions to reconsider, and motions to reopen in absentia orders are governed by
statute or regulation. See Chapters 5.7 (Motions to Reopen), 5.8 (Motions to
Reconsider), 5.9 (Motions to Reopen In Absentia Orders).
(d) Copy of underlying order. — Motions to reopen and motions to reconsider

should be accompanied by a copy of the Immigration Judge’s decision, where available.
(e) Evidence. — Statements made in a motion are not evidence. If a motion is

based upon evidence that was not made part of the record by the Immigration Judge, that
evidence should be submitted with the motion. Such evidence may include sworn
affidavits, declarations under the penalties of perjury, and documentary evidence. The
Immigration Court will not suspend or delay adjudication of a motion pending the receipt
of supplemental evidence.
All evidence submitted with a motion must comply with the requirements of
Chapter 3.3 (Documents).
(f) Filing fee. — Where the motion requires a filing fee, the motion must be
accompanied by a fee receipt from the Department of Homeland Security (DHS) or a
request that the Immigration Judge waive the fee. Filing fees are paid to DHS. See
Chapter 3.4 (Filing Fees).
(g) Application for relief. — A motion based upon eligibility for relief must be
accompanied by a copy of the application for that relief and all supporting documents, if
an application is normally required. See 8 C.F.R. § 1003.23(b)(3). A grant of a motion
based on eligibility for relief does not constitute a grant of the underlying application for
relief.
The application for relief must be duly completed and executed, in accordance with
the requirements for such relief. The original application for relief should be held by the

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filing party for submission to the Immigration Court, if appropriate, after the ruling on the
motion. See Chapter 11.3 (Submitting Completed Forms). The copy that is submitted to
the Immigration Court should be accompanied by a copy of the appropriate supporting
documents.
If a certain form of relief requires an application, prima facie eligibility for that relief
cannot be shown without it. For example, if a motion to reopen is based on adjustment
of status, a copy of the completed Application to Adjust Status (Form I-485) should be
filed with the motion, along with the necessary documents.
Application fees are not paid to the Immigration Court and should not accompany
the motion. Fees for applications should be paid if and when the motion is granted in
accordance with the filing procedures for that application. See Chapter 3.4(c) (Application
fees).
(h) Visa petitions. — If a motion is based on an application for adjustment of

status and there is an underlying visa petition that has been approved, a copy of the visa
petition and the approval notice should accompany the motion. When a petition is subject
to visa availability, evidence that a visa is immediately available should also accompany
the motion (e.g., a copy of the State Department’s Visa Bulletin reflecting that the priority
date is “current”).
If a motion is based on adjustment of status and the underlying visa petition has
not yet been adjudicated, a copy of that visa petition, all supporting documents, and the
filing receipt (Form I-797) should accompany the motion.
Parties should note that, in certain instances, an approved visa petition is required
for motions based on adjustment of status. See, e.g., Matter of H-A-, 22 I&N Dec. 728
(BIA 1999), modified by Matter of Velarde, 23 I&N Dec. 253 (BIA 2002).
Filing fees for visa petitions are not paid to the Immigration Court and should not
accompany the motion. The filing fee for a visa petition is submitted to DHS when the
petition is filed with DHS.
(i) Opposing party’s position. — The party filing a motion should make a good
faith effort to ascertain the opposing party’s position on the motion. The opposing party’s
position should be stated in the motion. If the filing party was unable to ascertain the
opposing party’s position, a description of the efforts made to contact the opposing party
should be included.

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(j) Oral argument. — The Immigration Court generally does not grant requests for
oral argument on a motion. If the Immigration Judge determines that oral argument is
necessary, the parties are notified of the hearing date.
5.3 Motion Limits
Certain motions are limited in time (when the motions must be filed) and number
(how many motions may be filed). Pre-decision motions are limited in time. See Chapter
3.1(b) (Timing of submissions). Motions to reopen and motions to reconsider are limited
in both time and number. See Chapters 5.7 (Motions to Reopen), 5.8 (Motions to
Reconsider), 5.9 (Motions to Reopen In Absentia Orders). Time and number limits are
strictly enforced.
5.4 Multiple Motions
When multiple motions are filed, the motions should be accompanied by a cover
letter listing the separate motions. In addition, each motion must include a cover page
and comply with the deadlines and requirements for filing. See Chapter 5.2(b) (Form),
Appendix F (Sample Cover Page).
Parties are strongly discouraged from filing compound motions, which are motions
that combine two separate requests. Parties should note that time and number limits
apply to motions even when submitted as part of a compound motion. For example, if a
motion seeks both reopening and reconsideration, and is filed more than 30 days after
the Immigration Judge’s decision (the deadline for reconsideration) but within 90 days of
that decision (the deadline for reopening), the portion that seeks reconsideration is
considered untimely.
5.5 Motion Briefs
A brief is not required in support of a motion. However, if a brief is filed, it should

accompany the motion. See 8 C.F.R. § 1003.23(b)(1)(ii). In general, motion briefs should
comply with the requirements of Chapters 3.3 (Documents) and 4.19 (Pre-Hearing Briefs).
A brief filed in opposition to a motion must comply with the filing deadlines for
responses. See Chapter 3.1(b) (Timing of submissions).
5.6 Transcript Requests

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The Immigration Court does not prepare a transcript of proceedings. See Chapter
4.10 (Record). Parties are reminded that recordings of proceedings are generally
available for review by prior arrangement with the Immigration Court. See Chapter 1.6(c)
(Records).
5.7 Motions to Reopen
(a) Purpose. — A motion to reopen asks the Immigration Court to reopen

proceedings after the Immigration Judge has rendered a decision, so that the Immigration
Judge can consider new facts or evidence in the case.
(b) Requirements. —
(i) Filing. — The motion should be filed with a cover page labeled
AMOTION TO REOPEN” and comply with the deadlines and requirements for
filing. See subsection (c), below, Chapter 5.2 (Filing a Motion), Appendix F
(Sample Cover Page). If the alien is represented, the attorney must file a paper,
not an electronic, Notice of Entry of Appearance as Attorney or Representative
Before the Immigration Court (Form EOIR-28). See Chapter 2.1(b) (Entering an
appearance). To ensure that the Immigration Court has the alien’s current
address, an Alien’s Change of Address Form (EOIR-33/IC) should be filed with the
motion. Depending on the nature of the motion, a filing fee or fee waiver request
may be required. See Chapter 3.4 (Filing Fees). If the motion is based on eligibility
for relief, the motion must be accompanied by a copy of the application for that
relief and all supporting documents, if an application is normally required. See
Chapter 5.2(g) (Application for relief).
(ii) Content. — A motion to reopen must state the new facts that will be
proven at a reopened hearing if the motion is granted, and the motion must be
supported by affidavits or other evidentiary material. 8 C.F.R. § 1003.23(b)(3).
A motion to reopen is not granted unless it appears to the Immigration

Judge that the evidence offered is material and was not available and could not
have been discovered or presented at an earlier stage in the proceedings. See 8
C.F.R. § 1003.23(b)(3).
A motion to reopen based on an application for relief will not be granted if

it appears the alien’s right to apply for that relief was fully explained and the alien
had an opportunity to apply for that relief at an earlier stage in the proceedings
(unless the relief is sought on the basis of circumstances that have arisen
subsequent to that stage of the proceedings). 8 C.F.R. § 1003.23(b)(3).).

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(c) Time limits. — As a general rule, a motion to reopen must be filed within 90
days of an Immigration Judge’s final order. 8 C.F.R. § 1003.23(b)(1). (For cases decided
by the Immigration Judge before July 1, 1996, the motion to reopen was due on or before
September 30, 1996. 8 C.F.R. § 1003.23(b)(1)). There are few exceptions. See
subsection (e), below.
Responses to motions to reopen are due within ten (10) days after the motion was
received by the Immigration Court, unless otherwise specified by the Immigration Judge.
(d) Number limits. — A party is permitted only one motion to reopen. 8 C.F.R.
§ 1003.23(b)(1). There are few exceptions. See subsection (e), below.
(e) Exceptions to the limits on motions to reopen. — A motion to reopen may

be filed outside the time and number limits only in specific circumstances. See 8 C.F.R.
§ 1003.23(b)(4).
(i) Changed circumstances. — When a motion to reopen is based on a

request for asylum, withholding of removal (“restriction on removal”), or protection
under the Convention Against Torture, and it is premised on new circumstances,
the motion must contain a complete description of the new facts that comprise
those circumstances and articulate how those circumstances affect the party’s
eligibility for relief. See 8 C.F.R. § 1003.23(b)(4)(i). Motions based on changed
circumstances must also be accompanied by evidence of the changed
circumstances alleged. See 8 C.F.R. § 1003.23(b)(3).
(ii) In absentia proceedings. — There are special rules pertaining to

motions to reopen following an alien’s failure to appear for a hearing. See Chapter
5.9 (Motions to Reopen In Absentia Orders).
(iii) Joint motions. — Motions to reopen that are agreed upon by all parties
and are jointly filed are not limited in time or number. See 8 C.F.R.
§ 1003.23(b)(4)(iv).
(iv) DHS motions. — For cases in removal proceedings, the Department

of Homeland Security (DHS) is not subject to time and number limits on motions
to reopen. See 8 C.F.R. § 1003.23(b)(1). For cases brought in deportation or
exclusion proceedings, DHS is subject to the time and number limits on motions
to reopen, unless the basis of the motion is fraud in the original proceeding or a
crime that would support termination of asylum. See 8 C.F.R. § 1003.23(b)(1).

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(v) Pre-9/30/96 motions. — Motions filed before September 30, 1996 do

not count toward the one-motion limit.
(vi) Battered spouses, children, and parents. — There are special rules
for certain motions to reopen by battered spouses, children, and parents. INA
§ 240(c)(7)(C)(iv).
(vii) Other. — In addition to the regulatory exceptions for motions to reopen,

exceptions may be created in accordance with special statutes, case law,
directives, or other special legal circumstances. The Immigration Judge may also
reopen proceedings at any time on his or her own motion. See 8 C. F. R. §
1003.23(b)(1).
(f) Evidence. — A motion to reopen must be supported by evidence. See Chapter

5.2(e) (Evidence).
(g) Motions filed prior to deadline for appeal. — A motion to reopen filed prior
to the deadline for filing an appeal does not stay or extend the deadline for filing the
appeal.
(h) Motions filed while an appeal is pending. — Once an appeal is filed with
the Board of Immigration Appeals, the Immigration Judge no longer has jurisdiction over
the case. See Chapter 5.2(a) (Where to file). Thus, motions to reopen should not be filed
with the Immigration Court after an appeal is taken to the Board.
(i) Administratively closed cases. — When proceedings have been

administratively closed, the proper motion is a motion to recalendar, not a motion to
reopen. See Chapter 5.10(t) (Motion to recalendar).
(j) Automatic stays. — A motion to reopen that is filed with the Immigration Court
does not automatically stay an order of removal or deportation. See Chapter 8 (Stays).
For automatic stay provisions for motions to reopen to rescind in absentia orders, see
Chapter 5.9(d)(iv) (Automatic stay).
(k) Criminal convictions. — A motion claiming that a criminal conviction has been
overturned, vacated, modified, or disturbed in some way must be accompanied by clear
evidence that the conviction has actually been disturbed. Thus, neither an intention to
seek post-conviction relief nor the mere eligibility for post-conviction relief, by itself, is
sufficient to reopen proceedings.
5.8 Motions to Reconsider

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(a) Purpose. — A motion to reconsider either identifies an error in law or fact in

the Immigration Judge’s prior decision or identifies a change in law that affects an
Immigration Judge’s prior decision and asks the Immigration Judge to reexamine his or
her ruling. A motion to reconsider is based on the existing record and does not seek to
introduce new facts or evidence.
(b) Requirements. — The motion should be filed with a cover page labeled
“MOTION TO RECONSIDER” and comply with the deadlines and requirements for filing.
See subsection (c), below, Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover
Page). If the alien is represented, the attorney must file a paper, not an electronic, Notice
of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form
EOIR-28). See Chapter 2.1(b) (Entering an appearance). To ensure that the Immigration
Court has the alien’s current address, an Alien’s Change of Address Form (EOIR-33/IC)
should be filed with the motion. A filing fee or a fee waiver request may be required. See
Chapter 3.4 (Filing Fees).
(c) Time limits. — A motion to reconsider must be filed within 30 days of the
Immigration Judge’s final administrative order. 8 C.F.R. § 1003.23(b)(1). (For cases
decided by the Immigration Court before July 1, 1996, the motion to reconsider was due
on or before July 31, 1996. 8 C.F.R. § 1003.23(b)(1)).
Responses to motions to reconsider are due within ten (10) days after the motion
was received by the Immigration Court, unless otherwise specified by the Immigration
Judge.
(d) Number limits. — As a general rule, a party may file only one motion to
reconsider. See 8 C.F.R. § 1003.23(b)(1). Motions filed prior to July 31, 1996, do not
count toward the one-motion limit. Although a party may file a motion to reconsider the
denial of a motion to reopen, a party may not file a motion to reconsider the denial of a
motion to reconsider. 8 C.F.R. § 1003.23(b)(1).
(e) Exceptions to the limits on motions to reconsider. —
(i) Alien motions. — There are no exceptions to the time and number
limitations on motions to reconsider when filed by an alien.
(ii) DHS motions. — For cases in removal proceedings, the Department of

Homeland Security (DHS) is not subject to time and number limits on motions to
reconsider. See 8 C.F.R. § 1003.23(b)(1). For cases brought in deportation or
exclusion proceedings, DHS is subject to the time and number limits on motions

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to reconsider, unless the basis of the motion is fraud in the original proceeding or
a crime that would support termination of asylum. See 8 C.F.R. § 1003.23(b)(1).
(iii) Other. — In addition to the regulatory exceptions for motions to

reconsider, exceptions may be created in accordance with special statutes, case
law, directives, or other special legal circumstances. The Immigration Judge may
also reconsider proceedings at any time on its own motion. 8 C.F.R.
§ 1003.23(b)(1).
(f) Identification of error. — A motion to reconsider must state with particularity

the errors of fact or law in the Immigration Judge’s prior decision, with appropriate citation
to authority and the record. If a motion to reconsider is premised upon changes in the
law, the motion should identify the changes and, where appropriate, provide copies of
that law. For citation guidelines, see Chapter 4.19(f) (Citation), Appendix J (Citation
Guidelines).
(g) Motions filed prior to deadline for appeal. — A motion to reconsider filed
prior to the deadline for filing an appeal does not stay or extend the deadline for filing the
appeal.
(h) Motions filed while an appeal is pending. — Once an appeal is filed with the
Board of Immigration Appeals, the Immigration Judge no longer has jurisdiction over the
case. See Chapter 5.2(a) (Where to file). Thus, motions to reconsider should not be filed
with an Immigration Judge after an appeal is taken to the Board.
(i) Automatic stays. — A motion to reconsider does not automatically stay an

order of removal or deportation. See Chapter 8 (Stays).
(j) Criminal convictions. — When a criminal conviction has been overturned,

vacated, modified, or disturbed in some way, the proper motion is a motion to reopen, not
a motion to reconsider. See Chapter 5.7(k) (Criminal convictions).
5.9 Motions to Reopen In Absentia Orders
(a) In general. — A motion to reopen requesting that an in absentia order be

rescinded asks the Immigration Judge to consider the reasons why the alien did not
appear at the alien’s scheduled hearing. See Chapter 4.17 (In Absentia Hearing).
(b) Filing. — The motion should be filed with a cover page labeled “MOTION TO
REOPEN AN IN ABSENTIA ORDER” and comply with the deadlines and requirements

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for filing. See subsection (d), below, Chapter 5.2 (Filing a Motion), Appendix F (Sample
Cover Page). If the alien is represented, the attorney must file a paper, not an electronic,
Notice of Entry of Appearance as Attorney or Representative Before the Immigration
Court (Form EOIR-28). See Chapter 2.1(b) (Entering an appearance). To ensure that
the Immigration Court has the alien’s current address, an Alien’s Change of Address Form
(EOIR-33/IC) should be filed with the motion. A filing fee or fee waiver request may be
required, depending on the nature of the motion. See 8 C.F.R. § 1003.24(b)(2).
(c) Deportation and exclusion proceedings. — The standards for motions to

reopen to rescind in absentia orders in deportation and exclusion proceedings differ from
the standards in removal proceedings. See Chapter 7 (Other Proceedings before
Immigration Judges). The provisions in subsection (d), below, apply to removal
proceedings only. Parties in deportation or exclusion proceedings should carefully review
the controlling law and regulations. See 8 C.F.R. § 1003.23(b)(4)(iii).
(d) Removal proceedings. — The following provisions apply to motions to

reopen to rescind in absentia orders in removal proceedings only. Parties should note
that, in removal proceedings, an in absentia order may be rescinded only upon the
granting of a motion to reopen. The Board of Immigration Appeals does not have
jurisdiction to consider direct appeals of in absentia orders in removal proceedings.
(i) Content. — A motion to reopen to rescind an in absentia order must

demonstrate that:
o the failure to appear was because of exceptional

circumstances;
o the failure to appear was because the alien did not receive
proper notice; or
o the failure to appear was because the alien was in federal or

state custody and the failure to appear was through no fault
of the alien.
INA § 240(b)(5)(C), 8 C.F.R. § 1003.23(b)(4)(ii). The term “exceptional

circumstances” refers to exceptional circumstances beyond the control of the alien
(such as battery or extreme cruelty to the alien or any child or parent of the alien,
serious illness of the alien or serious illness or death of the spouse, child, or parent
of the alien, but not including less compelling circumstances). INA § 240(e)(1).
(ii) Time limits. —

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(A) Within 180 days. — If the motion to reopen to rescind an in

absentia order is based on an allegation that the failure to appear was
because of exceptional circumstances, the motion must be filed within 180
days after the in absentia order. See INA § 240(b)(5)(C), 8 C.F.R.
§ 1003.23(b)(4)(ii).
(B) At any time. — If the motion to reopen to rescind an in absentia

order is based on an allegation that the alien did not receive proper notice
of the hearing, or that the alien was in federal or state custody and the failure
to appear was through no fault of the alien, the motion may be filed at any
time. See INA § 240(b)(5)(C), 8 C.F.R. § 1003.23(b)(4)(ii).
(C) Responses. — Responses to motions to reopen to rescind in

absentia orders are due within ten (10) days after the motion was received
by the Immigration Court, unless otherwise specified by the Immigration
Judge.
(iii) Number limits. — The alien is permitted to file only one motion to
reopen to rescind an in absentia order. 8 C.F.R. § 1003.23(b)(4)(ii).
(iv) Automatic stay. — The removal of the alien is automatically stayed

pending disposition by the Immigration Judge of the motion to reopen to rescind
an in absentia order in removal proceedings. See INA § 240(b)(5)(C), 8 C.F.R.
§ 1003.23(b)(4)(ii).
5.10 Other Motions
(a) Motion to continue. — A request for a continuance of any hearing should be

made by written motion. Oral motions to continue are discouraged. The motion should
set forth in detail the reasons for the request and, if appropriate, be supported by
evidence. See Chapter 5.2(e) (Evidence). It should also include the date and time of the
hearing, as well as preferred dates that the party is available to re-schedule the hearing.
However, parties should be mindful that the Immigration Court retains discretion to
schedule continued cases on dates that the court deems appropriate.
The motion should be filed with a cover page labeled “MOTION TO CONTINUE”
and comply with the deadlines and requirements for filing. See Chapter 5.2 (Filing a
Motion), Appendix F (Sample Cover Page).

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The filing of a motion to continue does not excuse the appearance of an alien or
representative at any scheduled hearing. Therefore, until the motion is granted, parties
must appear at all hearings as originally scheduled.
(b) Motion to advance. — A request to advance a hearing date (move the hearing
to an earlier date) should be made by written motion. A motion to advance should
completely articulate the reasons for the request. The motion should be filed with a cover
page labeled “MOTION TO ADVANCE” and comply with the deadlines and requirements
for filing. See Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover Page).
(c) Motion to change venue. — A request to change venue should be made by

written motion. The motion should be supported by documentary evidence. See Chapter
5.2(e) (Evidence). The motion should contain the following information:
o the date and time of the next scheduled hearing
o an admission or denial of the factual allegations and charge(s) in the

Notice to Appear (Form I-862)
o a designation or refusal to designate a country of removal
o if the alien will be requesting relief from removal, a description of the

basis for eligibility
o a fixed street address where the alien may be reached for further
hearing notification
o if the address at which the alien is receiving mail has changed, a

properly completed Alien’s Change of Address Form (Form
EOIR-33/IC)
o a detailed explanation of the reasons for the request
See generally Matter of Rahman, 20 I&N Dec. 480 (BIA 1992), 8 C.F.R. § 1003.20.
The motion should be filed with a cover page labeled “MOTION TO CHANGE
VENUE,” accompanied by a proposed order for change of venue, and comply with the
deadlines and requirements for filing. See Chapter 5.2 (Filing a Motion), Appendix F

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The filing of a motion to change venue does not excuse the appearance of an alien
or representative at any scheduled hearing. Therefore, until the motion is granted, parties
must appear at all hearings as originally scheduled.
(d) Motion for substitution of counsel. — See Chapter 2.3(i)(Change in

representation).
(e) Motion to withdraw as counsel. — See Chapter 2.3(i) (Change in

representation).
(f) Motion for extension. — See Chapter 3.1(c)(iv) (Motions for extensions of
filing deadlines).
(g) Motion to accept an untimely filing. — See Chapter 3.1(d)(ii) (Untimely

filings).
(h) Motion for closed hearing. — See Chapter 4.9 (Public Access).
(i) Motion to waive representative’s appearance. — See Chapter 4.15 (Master

Calendar Hearing).
(j) Motion to waive respondent’s appearance. — See Chapter 4.15 (Master

Calendar Hearing).
(k) Motion to permit telephonic appearance. — See Chapter 4.15 (Master

Calendar Hearing).
(l) Motion to request an interpreter. — See Chapter 4.15 (Master Calendar

Hearing).
(m) Motion for video testimony. — See Chapter 4.15 (Master Calendar Hearing).
(n) Motion to present telephonic testimony. — See Chapter 4.15 (Master

Calendar Hearing).
(o) Motion for subpoena. — See Chapter 4.20 (Subpoenas).
(p) Motion for consolidation. — See Chapter 4.21 (Combining and Separating
Cases).

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Practice Manual Motions Before the Immigration Court
(q) Motion for severance. — See Chapter 4.21 (Combining and Separating
Cases).
(r) Motion to stay removal or deportation. — See Chapter 8 (Stays).
(s) Motions in disciplinary proceedings. — Motions in proceedings involving the

discipline of an attorney or representative are discussed in Chapter 10 (Discipline of
Practitioners).
(t) Motion to recalendar. — When proceedings have been administratively closed

and a party wishes to reopen the proceedings, the proper motion is a motion to
recalendar, not a motion to reopen. A motion to recalendar should provide the date and
the reason the case was closed. If available, a copy of the closure order should be
attached to the motion. The motion should be filed with a cover page labeled “MOTION
TO RECALENDAR” and comply with the requirements for filing. See Chapter 5.2 (Filing
a Motion), Appendix F (Sample Cover Page). To ensure that the Immigration Court has
the alien’s current address, an Alien’s Change of Address Form (EOIR-33/IC) should be
filed with the motion. Motions to recalendar are not subject to time and number
restrictions.
(u) Motion to amend. — The Immigration Judge entertains motions to amend

previous filings in limited situations (e.g., to correct a clerical error in a filing). The motion
should clearly articulate what needs to be corrected in the previous filing. The filing of a
motion to amend does not affect any existing motion deadlines.
The motion should be filed with a cover page labeled “MOTION TO AMEND” and
comply with the requirements for filing. See Chapter 5.2 (Filing a Motion), Appendix F
(v) Other types of motions. — The Immigration Court entertains other types of
motions as appropriate to the facts and law of each particular case, provided that the
motion is timely, is properly filed, is clearly captioned, and complies with the general
motion requirements. See Chapters 5.2 (Filing a Motion), Appendix F (Sample Cover
Page).
5.11 Decisions
Immigration Judges decide motions either orally at a hearing or in writing. If the

decision is in writing, it is generally served on the parties by regular mail.

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Practice Manual Motions Before the Immigration Court
5.12 Response to Motion
Responses to motions must comply with the deadlines and requirements for filing.
See 8 C.F.R. § 1003.23(a), Chapter 3 (Filing with the Immigration Court). A motion is
deemed unopposed unless timely response is made. Parties should note that unopposed
motions are not necessarily granted. Immigration Judges may deny a motion before the
close of the response period without waiting for a response from the opposing party if the
motion does not comply with the applicable legal requirements. Examples include:
o Denial of a motion to withdraw as counsel of record that does not contain

a statement that the attorney has notified the respondent of the request
to withdraw as counsel or, if the respondent could not be notified, an
explanation of the efforts made to notify the respondent of the request.
See Chapter 2.3(i)(ii) (Withdrawal of counsel).
o Denial of a motion to change venue that does not identify the fixed
address where the respondent may be reached for further hearing
notification. See Chapter 5.10(c) (Motion to change venue), 8 C.F.R. §
1003.20(b).

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Practice Manual Appeals of Immigration Judge Decisions
Chapter 6 Appeals of Immigration Judge Decisions
6.1 Appeals Generally
The Board of Immigration Appeals has nationwide jurisdiction to review decisions

of Immigration Judges. See 8 C.F.R. § 1003.1, Chapter 1.2(c) (Relationship to the Board
of Immigration Appeals). Accordingly, appeals of Immigration Judges decisions should
be made to the Board. Appeals of Immigration Judges decisions are distinct from motions
to reopen or motions to reconsider, which are filed with the Immigration Court following a
decision ending proceedings. See Chapter 5 (Motions before the Immigration Court).
This chapter is limited to appeals from the decisions of Immigration Judges in

removal, deportation, and exclusion proceedings. Other kinds of appeals are discussed
in the following chapters:

For detailed guidance on appeals, parties should consult the Board of Immigration
Appeals Practice Manual, which is available on the Executive Office for Immigration
Review website at www.justice.gov/eoir.
6.2 Process
(a) Who may appeal. — An Immigration Judge’s decision may be appealed only
by the alien subject to the proceeding, the alien’s legal representative, or the Department
of Homeland Security. See 8 C.F.R. § 1003.3.
(b) How to appeal. — To appeal an Immigration Judge’s decision, a party must

file a properly completed and executed Notice of Appeal (Form EOIR-26) with the Board
of Immigration Appeals. The Form EOIR-26 must be received by the Board no later than
30 calendar days after the Immigration Judge renders an oral decision or mails a written
decision. See 8 C.F.R. § 1003.38. Parties must comply with all instructions on the Form
EOIR-26.
Appeals are subject to strict requirements. For detailed information on these

requirements, parties should consult the Board of Immigration Appeals Practice Manual.

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6.3 Jurisdiction
After an appeal has been filed, jurisdiction shifts between the Immigration Court
and the Board of Immigration Appeals depending on the nature and status of the appeal.
For detailed guidance on whether the Immigration Court or the Board has jurisdiction over
a particular matter in which an appeal has been filed, parties should consult the Board of
Immigration Appeals Practice Manual. See Appendix K (Where to File).
6.4 Waiver of Appeal
(a) Effect of appeal waiver. — If the opportunity to appeal is knowingly and

voluntarily waived, the decision of the Immigration Judge becomes final. See 8 C.F.R. §
1003.39. If a party waives appeal at the conclusion of proceedings before the Immigration
Judge, that party generally may not file an appeal thereafter. See 8 C.F.R. § 1003.3(a)(1),
Matter of Shih, 20 I&N Dec. 697 (BIA 1993). See also 8 C.F.R. § 1003.1(d)(2)(i)(G).
(b) Challenging a waiver of appeal. — Generally, a party who waives appeal

cannot retract, withdraw, or otherwise undo that waiver. If a party wishes to challenge
the validity of his or her waiver of appeal, the party may do so in one of two ways: either
in a timely motion filed with the Immigration Judge that explains why the appeal waiver
was not valid or in an appeal filed directly with the Board of Immigration Appeals that
explains why the appeal waiver was not valid. Matter of Patino, 23 I&N Dec. 74 (BIA
2001). Once an appeal is filed, jurisdiction vests with the Board, and the motion can no
longer be ruled upon by the Immigration Judge. For detailed guidance on whether the
Immigration Court or the Board has jurisdiction over a particular matter in which an appeal
has been filed, parties should consult the Board of Immigration Appeals Practice Manual.
6.5 Certification
An Immigration Judge may ask the Board of Immigration Appeals to review his or
her decision. See 8 C.F.R. §§ 1003.1(c), 1003.7. This is known as “certifying” the case
to the Board. When a case is certified, an Immigration Court serves a notice of
certification on the parties. Generally, a briefing schedule is served on the parties
following certification.
The certification of a case is separate from any appeal in the case. Therefore, a
party wishing to appeal must file an appeal even if the Immigration Judge has certified
the case to the Board. See 8 C.F.R. § 1003.3(d).

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6.6 Additional Information
For detailed guidance on appeals, parties should consult the Board of Immigration
Appeals Practice Manual, which is available on the Executive Office for Immigration
Review website at www.justice.gov/eoir.C

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Practice Manual Other Proceedings Before Immigration Judges

7.1 Overview
While the vast majority of proceedings conducted by Immigration Judges are

removal proceedings, Immigration Judges have jurisdiction over other kinds of
proceedings as well. This chapter provides a brief overview of these other kinds of
proceedings. They include:
o deportation proceedings and exclusion proceedings
o rescission proceedings
o limited proceedings, including:
• credible fear proceedings
• reasonable fear proceedings
• claimed status review
• asylum-only proceedings
• withholding-only proceedings
Removal proceedings are discussed in Chapter 4 (Hearings before Immigration

Judges). Additional proceedings conducted by Immigration Judges are discussed in the
following chapters:

7.2 Deportation Proceedings and Exclusion Proceedings
(a) In general. —
(i) Replaced by removal proceedings. — Beginning with proceedings

commenced on April 1, 1997, deportation and exclusion proceedings have been

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replaced by removal proceedings. See generally INA §§ 239, 240, 8 C.F.R.

§§ 1003.12 et seq., 1240.1 et seq. However, Immigration Judges continue to
conduct deportation and exclusion proceedings in certain cases that began before
April 1, 1997.
(ii) Compared with removal proceedings. — The procedures in

deportation and exclusion proceedings are generally similar to the procedures in
removal proceedings. See Chapters 2 (Appearances before the Immigration
Court), 3 (Filing with the Immigration Court), 4 (Hearings before Immigration
Judges), 5 (Motions before the Immigration Court), 6 (Appeals of Immigration
Judge Decisions). However, deportation and exclusion proceedings are
significantly different from removal proceedings in areas such as burden of proof,
forms of relief available, and custody. Accordingly, parties in deportation and
exclusion proceedings should carefully review the laws and regulations pertaining
to those proceedings. The information in this chapter is provided as a general
guideline only.
(b) Deportation proceedings. —
(i) Order to Show Cause. — Deportation proceedings began when the

former Immigration and Naturalization Service (INS) filed an Order to Show Cause
(Form I-221) with the Immigration Court after serving it on the alien in person or by
certified mail. See former INA § 242B(a)(1), 8 C.F.R. § 1240.40 et seq. See also
Chapter 1.2 (Function of the Office of the Chief Immigration Judge). Similar to a
Notice to Appear (Form I-862), an Order to Show Cause (Form I-221) is a written
notice containing factual allegations and charge(s) of deportability.
(ii) Hearing notification. C In deportation proceedings, hearing notices

from the Immigration Court are served on the parties, personally or by certified
mail, at least 14 days prior to the hearing.
(iii) Grounds of deportability. — The grounds for deportation that apply in

deportation proceedings are listed in former INA § 241. In some cases, those
grounds are different from the grounds of deportability in removal proceedings.
Compare former INA § 241 (prior to 1997) with current INA § 237.
(iv) Forms of relief. — For the most part, the same forms of relief are
available in deportation proceedings as in removal proceedings. However, there
are important differences. Parties in deportation proceedings should carefully
review the relevant law and regulations.

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(v) Appeals. — In most cases, an Immigration Judge’s decision in a

deportation proceeding can be appealed to the Board of Immigration Appeals. See
Chapter 6 (Appeals of Immigration Judge Decisions).
(c) Exclusion proceedings. —
(i) Notice to Applicant Detained for Hearing. — Exclusion proceedings

began when the Immigration and Naturalization Service (INS) filed a Notice to
Applicant for Admission Detained for Hearing before an Immigration Judge (Form
I-122). See former INA § 242(b), 8 C.F.R. § 1240.30 et seq. The Form I-122 is a
written notice containing the charge(s) of excludability. Unlike the Order to Show
Cause, the Form I-122 does not contain factual allegations.
(ii) Hearing notification. — In exclusion proceedings, the alien must be

given a reasonable opportunity to be present at the hearing. Note that, in exclusion
proceedings, notice to the alien is not governed by the same standards as in
deportation proceedings. See Matter of Nafi, 19 I&N Dec. 430 (BIA 1987).
(iii) Closed to public. — Exclusion hearings are closed to the public, unless
the applicant requests that the public be allowed to attend.
(iv) Grounds of excludability. — The grounds for exclusion are listed in

the former INA § 212. In some cases, the grounds of excludability in exclusion
proceedings are different from the grounds of inadmissibility in removal
proceedings. Compare former INA § 212 (prior to 1997) with current INA § 212.
(v) Forms of relief. — For the most part, the same forms of relief are
available in exclusion proceedings as in removal proceedings. However, there are
important differences. Parties in exclusion proceedings should carefully review the
relevant law and regulations.
(vi) Appeals. — An Immigration Judge’s decision in an exclusion

proceeding can be appealed to the Board of Immigration Appeals. See Chapter 6
(Appeals of Immigration Judge Decisions).
7.3 Rescission Proceedings
(a) In general. — In a rescission proceeding, an Immigration Judge determines

whether an alien’s status as a lawful permanent resident should be “rescinded,” or taken
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away, because alien was not entitled to become a lawful permanent resident. See
generally 8 C.F.R. § 1246.1 et seq. An alien’s lawful permanent resident status may not
be rescinded if more than 5 years have passed since the alien became a lawful permanent
resident. See INA § 246(a).
(b) Notice of Intent to Rescind. — A rescission proceeding begins when the

Department of Homeland Security personally serves an alien with a Notice of Intent to
Rescind. The alien has 30 days to submit a sworn answer in writing and/or request a
hearing before an Immigration Judge. A rescission hearing is held if the alien files a timely
answer which contests or denies any allegation in the Notice of Intent to Rescind or the
alien requests a hearing.
(c) Conduct of hearing. — Rescission proceedings are conducted in a manner

similar to removal proceedings. See Chapter 4 (Hearings Before Immigration Judges).
(d) Appeal. — An Immigration Judge’s decision in a rescission proceeding can be

appealed to the Board of Immigration Appeals.
7.4 Limited Proceedings
(a) In general. — Certain aliens can be removed from the United States without
being placed into removal proceedings. However, in some circumstances, these aliens
may be afforded limited proceedings, including credible fear review, reasonable fear
review, claimed status review, asylum-only proceedings, and withholding-only
proceedings.
(b) Classes of aliens. — The following aliens can be removed from the United
States without being placed into removal proceedings. These aliens are afforded limited
proceedings as described below.
(i) Expedited removal under INA § 235(b)(1). — The following aliens are
subject to “expedited removal” under INA § 235(b)(1):
o aliens arriving at a port of entry without valid identity or travel

documents, as required, or with fraudulent documents
o aliens interdicted at sea (in international or U.S. waters) and

brought to the United States

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o aliens who have not been admitted or paroled into the United
States and who have not resided in the United States for two
years or more
o individuals paroled into the United States after April 1, 1997,

and whose parole has since been terminated
(A) Exceptions. — The following aliens are not subject to expedited

removal under INA § 235(b)(1):
o lawful permanent residents
o aliens granted refugee or asylee status
o aliens seeking asylum while applying for admission

under the visa waiver program
o minors, unless they have committed certain crimes
(B) Limited proceedings afforded. — As described below, aliens

subject to expedited removal under INA § 235(b)(1) are afforded the
following proceedings:
o if the alien expresses a fear of persecution or torture,

the alien is placed into “credible fear proceedings,” as
described in subsection (d), (below)
o if the alien claims to be a United States citizen or a

lawful permanent resident, or that he or she has been
granted refugee or asylee status, the alien is allowed a
“claimed status review,” as described in subsection (f),
(below)
(ii) Expedited removal under INA § 238(b). — Aliens who are not lawful
permanent residents and who have been convicted of aggravated felonies are
subject to “expedited removal” under INA § 238(b). If such an alien expresses a
fear of persecution or torture, the alien is placed into “reasonable fear
proceedings.” See subsection (e), below.

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(iii) Reinstatement of prior orders under INA § 241(a)(5). — Under INA

§ 241(a)(5), aliens who are subject to reinstatement of prior orders of removal are
not entitled to removal proceedings. If such an alien expresses a fear of
persecution or torture, the alien is placed into “reasonable fear proceedings.” See
subsection (e), below.
(iv) Stowaways. — If a stowaway expresses a fear of persecution or

torture, he or she is placed into credible fear proceedings. See INA § 235(a)(2),
subsection (d), below.
(v) Others. — In certain circumstances, the aliens listed below may be

placed into asylum-only proceedings. See subsection (g), below.
o crewmembers (D visa applicants)
o certain cooperating witnesses and informants (S visa

applicants)
o visa waiver applicants and visa waiver overstays
o aliens subject to removal under INA § 235(c) on security

grounds
(c) Custody in limited proceedings. — An alien subject to limited proceedings

may be detained during the proceedings. Immigration Judges have no jurisdiction over
custody decisions for these aliens.
(d) Credible fear proceedings. — Credible fear proceedings involve stowaways

and aliens subject to expedited removal under INA § 235(b)(1). See subsections (b)(i),
(b)(iii), above. If such an alien expresses a fear of persecution or torture to the
Department of Homeland Security (DHS) immigration officer upon being detained by DHS
or applying to enter the United States, the alien is interviewed by a DHS asylum officer
who evaluates whether the alien possesses a credible fear of persecution or torture. See
generally INA § 235(b)(1)(B).
(i) Credible fear standard. — “Credible fear of persecution” means that

there is a significant possibility that the alien can establish eligibility for asylum
under INA § 208 or withholding of removal (“restriction on removal”) under INA
§ 241(b)(3). The credibility of the alien’s statements in support of the claim, and

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other facts known to the reviewing official, are taken into account. 8 C.F.R.
§§ 208.30(e)(2), 1003.42(d).
“Credible fear of torture” means there is a significant possibility that the alien
is eligible for withholding of removal (“restriction on removal”) or deferral of removal
under the Convention Against Torture pursuant to 8 C.F.R. §§ 208.16 or 208.17.
8 C.F.R. §§ 208.30(e)(3), 1003.42(d).
(ii) If the DHS asylum officer finds credible fear. —
(A) Stowaways. — If the DHS asylum officer finds that a stowaway

has a credible fear of persecution or torture, the stowaway is placed in
asylum-only proceedings before an Immigration Judge. See 8 C.F.R. §
208.30(f). In asylum-only proceedings, the stowaway can apply for asylum,
withholding of removal (“restriction on removal”) under INA § 241(b)(3), and
protection under the Convention Against Torture. See subsection (g),
below.
(B) Aliens subject to expedited removal under INA

§ 235(b)(1). — If the DHS asylum officer finds that an alien subject to
expedited removal under INA § 235(b)(1) has a credible fear of persecution
or torture, the alien is placed in removal proceedings before an Immigration
Judge. See 8 C.F.R. § 208.30(f). In removal proceedings, the alien has the
same rights, obligations, and opportunities for relief as any other alien in
removal proceedings. See Chapter 4 (Hearings before Immigration
Judges).
(iii) If the DHS asylum officer does not find credible fear. — If the DHS
asylum officer finds that the alien does not have a credible fear of persecution or
torture, the alien may request that an Immigration Judge review this finding. See
8 C.F.R. § 208.30(g).
(iv) Credible fear review by an Immigration Judge. — The credible fear

review is conducted according to the provisions in (A) through (E), below. See
generally INA § 235(b)(1)(B), 8 C.F.R. § 1003.42.
(A) Timing. — The credible fear review must be concluded no later

than 7 days after the date of the DHS asylum officer’s decision. If possible,
the credible fear review should be concluded 24 hours after the decision.

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(B) Location. — If possible, the credible fear review is conducted in

person. However, because of the time constraints, the credible fear review
may be conducted by video or telephone conference. See Chapter 4.7
(Hearings by Video or Telephone Conference).
(C) Representation. — Prior to the credible fear review, the alien

may consult with a person or persons of the alien’s choosing. In the
discretion of the Immigration Judge, persons consulted may be present
during the credible fear review. However, the alien is not represented at the
credible fear review. Accordingly, persons acting on the alien’s behalf are
not entitled to make opening statements, call and question witnesses,
conduct cross examinations, object to evidence, or make closing
arguments.
(D) Record of Proceedings. — DHS must give the complete record

of the DHS asylum officer’s credible fear determination to the Immigration
Court. This record includes any notes taken by the DHS asylum officer. The
Immigration Judge creates a record, which is kept separate from the Record
of Proceedings in any subsequent Immigration Court proceeding involving
the alien.
(E) Conduct of hearing. — A credible fear review is not as

exhaustive or in-depth as an asylum hearing in removal proceedings.
Rather, a credible fear review is simply a review of the DHS asylum officer’s
decision. Either the alien or DHS may introduce oral or written statements,
and the court provides an interpreter if necessary. Evidence may be
introduced at the discretion of the Immigration Judge. The hearing is
recorded. Parties should be mindful that all requests for continuances are
subject to the statutory time limits. See (A), above.
(v) If the Immigration Judge finds credible fear. —
(A) Stowaways. — If the Immigration Judge finds that a stowaway

has a credible fear of persecution or torture, the stowaway is placed in
asylum-only proceedings. See 8 C.F.R. § 1208.30(g)(2)(iv)(C). In asylum-
only proceedings, the stowaway can apply for asylum, withholding of
removal (Arestriction on removal”) under INA § 241(b)(3), and protection
under the Convention Against Torture. See subsection (g), below.

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(B) Aliens subject to expedited removal under INA

§ 235(b)(1). — If the Immigration Judge finds that an alien subject to
expedited removal under INA § 235(b)(1) has a credible fear of persecution
or torture, the alien is placed in removal proceedings. See 8 C.F.R.
§§ 1003.42(f), 1208.30(g)(2)(iv)(B). In removal proceedings, the alien has
the same rights, obligations, and opportunities for relief, including the
opportunity to apply for asylum, as any other alien in removal proceedings.
See Chapter 4 (Hearings before Immigration Judges).
(vi) If the Immigration Judge does not find credible fear. — If the
Immigration Judge does not find credible fear of persecution or torture, the alien is
returned to DHS for removal. Neither party may appeal an Immigration Judge’s
ruling in a credible fear review. However, after providing notice to the Immigration
Judge, DHS may reconsider its determination that an alien does not have a
credible fear of persecution. See 8 C.F.R. § 1208.30(g)(2)(iv)(A).
(e) Reasonable fear proceedings. — Reasonable fear proceedings involve

aliens subject to expedited removal under INA § 238(b) and aliens subject to
reinstatement of prior orders of removal under INA § 241(a)(5). See subsections (b)(ii),
(b)(iii), above. If such an alien expresses a fear of persecution or torture to the
Department of Homeland Security (DHS) immigration officer, the alien is interviewed by
a DHS asylum officer who evaluates whether the alien has a Areasonable fear of
persecution or torture.” See generally 8 C.F.R. § 1208.31.
(i) Reasonable fear standard. — “Reasonable fear of persecution or

torture” means a reasonable possibility that the alien would be persecuted on
account of his or her race, religion, nationality, membership in a particular social
group, or political opinion, or a reasonable possibility that the alien would be
tortured if returned to the country of removal. The bars to eligibility for withholding
of removal (“restriction on removal”) under INA § 241(b)(3)(B) are not considered.
8 C.F.R. § 1208.31(c).
(ii) If the DHS asylum officer finds reasonable fear. — If the DHS asylum
officer finds that the alien has a reasonable fear of persecution or torture, the alien
is placed in withholding-only proceedings before an Immigration Judge. See 8
C.F.R. § 208.31(e). In withholding-only proceedings, the alien can apply for
withholding of removal (“restriction on removal”) under INA § 241(b)(3) and
protection under the Convention Against Torture. See subsection (h), below.

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(iii) If the DHS asylum officer does not find reasonable fear. — If the
DHS asylum officer finds that the alien does not have a reasonable fear of
persecution or torture, the alien may request that an Immigration Judge review this
finding. See 8 C.F.R. § 208.31(f).
(iv) Reasonable fear review by an Immigration Judge. — The

reasonable fear review is conducted according to the provisions in (A) through (E),
below. See generally 8 C.F.R. § 1208.31.
(A) Timing. — In the absence of exceptional circumstances, the

reasonable fear review is conducted within 10 days after the case is referred
to the Immigration Court.
(B) Location. — If possible, the reasonable fear review is conducted

in person. However, because of the time constraints, the reasonable fear
review may be conducted by video or telephone conference. See Chapter
4.7 (Hearings by Video or Telephone Conference).
(C) Representation. — Subject to the Immigration Judge’s

discretion, the alien may be represented during the reasonable fear review
at no expense to the government.
(D) Record of Proceedings. — DHS must file the complete record

of the DHS asylum officer’s reasonable fear determination with the
Immigration Court. This record includes any notes taken by the DHS
asylum officer. The Immigration Judge creates a record, which is kept
separate from the Record of Proceedings in any subsequent Immigration
Court proceeding involving the alien.
(E) Conduct of hearing. — A reasonable fear review hearing is not

as comprehensive or in-depth as a withholding of removal hearing in
removal proceedings. Rather, it is a review of the DHS asylum officer’s
decision. Either party may introduce oral or written statements, and the
court provides an interpreter if necessary. Evidence may be introduced at
the discretion of the Immigration Judge. The hearing is recorded. Parties
should be mindful that all requests for continuances are subject to the
statutory time limits. See (A), above.
(v) If the Immigration Judge finds reasonable fear. — If the Immigration

Judge finds that the alien has a reasonable fear of persecution or torture, the alien

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is placed in withholding-only proceedings. See 8 C.F.R. § 1208.31(g)(2). In

withholding-only proceedings, the alien can apply for withholding of removal
(Arestriction on removal”) under INA § 241(b)(3) and protection under the
Convention Against Torture. See subsection (h).
(vi) If the Immigration Judge does not find reasonable fear. — If the
Immigration Judge does not find a reasonable fear of persecution or torture, the
alien is returned to DHS for removal. There is no appeal from an Immigration
Judge’s ruling in a reasonable fear review. See 8 C.F.R. § 1208.31(g)(1).
(f) Claimed status review. — If an individual is found by a Department of

Homeland Security (DHS) immigration officer to be subject to expedited removal under
INA § 235(b)(1), but claims to be a United States citizen or lawful permanent resident, or
to have been granted asylum or admitted to the United States as a refugee, the DHS
immigration officer attempts to verify that claim. If the claim cannot be verified, the
individual is allowed to make a statement under oath. The case is then reviewed by an
Immigration Judge in a “claimed status review.” See generally 8 C.F.R. § 1235.3(b)(5).
(i) Timing. — Claimed status reviews are scheduled as expeditiously as

possible, preferably no later than 7 days after the case was referred to the
Immigration Court and, if possible, within 24 hours. Claims to United States
citizenship may require more time to permit the alien to obtain relevant
documentation.
(ii) Location. — If possible, the claimed status review is conducted in

person. However, because of the time constraints, the claimed status review may
be conducted by video or telephone conference. See Chapter 4.7 (Hearings by
Video or Telephone Conference).
(iii) Representation. — Prior to the claimed status review, the individual

subject to the review may consult with a person or persons of his or her choosing.
In the discretion of the Immigration Judge, persons consulted may be present
during the claimed status review. However, the individual subject to the review is
not represented during the review. Accordingly, persons acting on his or her behalf
are not entitled to make opening statements, call and question witnesses, conduct
cross examinations, object to evidence, or make closing arguments.
(iv) Record of Proceedings. — The Immigration Judge creates a Record

of Proceedings. If an individual subject to a claimed status review is later placed

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in removal proceedings, the Record of Proceedings for the claimed status review
is merged with the Record of Proceedings for the removal proceedings.
(v) Conduct of hearing. — Either party may introduce oral or written

statements, and an interpreter is provided if necessary. Though the claimed status
review is limited in nature, claims to status, particularly claims to United States
citizenship, can be complicated and may require extensive evidence. Therefore,
the Immigration Judge has the discretion to continue proceedings to allow DHS
and the person making the claim to collect and submit evidence. The hearing is
recorded.
(vi) If the Immigration Judge verifies the claimed status. — If the

Immigration Judge determines that the individual subject to the review is a United
States citizen or lawful permanent resident, or that he or she has been granted
asylum or refugee status, the expedited removal order is vacated, or cancelled,
and the proceedings are terminated.
Unless the Immigration Judge determines that the person in proceedings is

a United States citizen, DHS may elect to place him or her in removal proceedings.
In removal proceedings, he or she has the same rights, obligations, and
opportunities for relief as any other alien in removal proceedings. See Chapter 4
(Hearings before Immigration Judges).
(vii) If the Immigration Judge cannot verify the claimed status. — If the
Immigration Judge determines that the subject of a claimed status review is not a
United States citizen or lawful permanent resident, and that he or she has not been
granted asylee or refugee status, the individual is returned to DHS for removal.
There is no appeal from an Immigration Judge’s ruling in a claimed status review.
(g) Asylum-only proceedings. — Asylum-only proceedings are limited

proceedings in which the Immigration Judge considers applications for asylum,
withholding of removal (“restriction on removal”) under INA § 241(b)(3), and protection
under the Convention Against Torture.
(i) Beginning asylum-only proceedings. — Asylum-only proceedings are

commenced as follows, depending upon the status of the alien.
(A) Stowaways with a credible fear of persecution or torture. —

When a Department of Homeland Security (DHS) asylum officer or an
Immigration Judge finds that a stowaway has a credible fear of persecution

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or torture, the stowaway’s matter is referred to the Immigration Court for an

asylum-only proceeding. See 8 C.F.R. §§ 208.30(f), 1208.2(c)(1)(ii),
1208.30(g)(2)(iv)(C).
(B) Crewmembers (D visa applicants). — When an alien

crewmember expresses a fear of persecution or torture to a DHS
immigration officer, he or she is removed from the vessel and taken into
DHS custody. The crewmember is then provided an Application for Asylum
and for Withholding of Removal (Form I-589), which must be completed and
returned to DHS within 10 days unless DHS extends the deadline for good
cause. The application is then referred to the Immigration Court for an
asylum-only proceeding. See 8 C.F.R. §§ 1208.2(c)(1)(i), 1208.5(b)(1)(ii).
(C) Visa waiver applicants and overstays. — When an alien who

has applied for admission, been admitted, or overstayed his or her
admission under the visa waiver program expresses a fear of persecution
or torture to a DHS immigration officer, or applies for asylum with DHS, the
matter may be referred to the Immigration Court for an asylum-only
proceeding. See 8 C.F.R. §§ 1208.2(c)(1)(iii), 1208.2(c)(1)(iv).
(D) Certain cooperating witnesses and informants (S visa

applicants). — When an alien who has applied for admission, or been
admitted, with an S visa expresses a fear of persecution or torture to a DHS
immigration officer, or applies for asylum with DHS, the matter is referred to
the Immigration Court for an asylum-only proceeding. See 8 C.F.R.
§ 1208.2(c)(1)(vi).
(E) Persons subject to removal under INA § 235(c) on security

grounds. — When a DHS immigration officer or an Immigration Judge
suspects that an arriving alien appears removable as described in INA
§ 235(c), the alien is ordered removed, and the matter is referred to a DHS
district director. A DHS regional director may then order the case referred
to an Immigration Judge for an asylum-only proceeding. See 8 C.F.R.
§§ 1208.2(c)(1)(v), 1235.8.
(ii) Scope of the proceedings. — Asylum-only proceedings are limited to

applications for asylum, withholding of removal (“restriction on removal”) under INA
§ 241(b)(3), and protection under the Convention Against Torture. Neither the
alien nor DHS may raise any other issues, including issues of admissibility,

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deportability, eligibility for waivers, and eligibility for any other form of relief. See
8 C.F.R. § 1208.2(c)(3)(i).
(iii) Conduct of the proceedings. — Asylum-only proceedings are

conducted under the procedures governing removal proceedings. See 8 C.F.R.
§ 1208.2(c)(3). See also Chapter 4 (Hearings before Immigration Judges).
(iv) Appeals. — Decisions by Immigration Judges in asylum-only

proceedings may be appealed to the Board of Immigration Appeals.
(h) Withholding-only proceedings. — Withholding-only proceedings are limited

proceedings involving aliens subject to expedited removal under INA § 238(b) and aliens
subject to reinstatement of prior orders of removal under INA § 241(a)(5), who have a
reasonable fear of persecution or torture. See 8 C.F.R. § 1208.2(c)(2). In withholding-
only proceedings, the Immigration Judge considers applications for withholding of
removal (“restriction on removal”) under the Immigration and Nationality Act and
protection under the Convention Against Torture.
(i) Beginning withholding-only proceedings. — When a DHS asylum

officer or Immigration Judge finds that an alien subject to expedited removal under
INA § 238(b) or an alien subject to reinstatement of a prior order of removal under
INA § 241(a)(5) has a reasonable fear of persecution or torture, the matter is
referred to the Immigration Court for a withholding-only proceeding. See 8 C.F.R.
§§ 208.31(e), 1208.31(g)(2).
(ii) Scope of the proceedings. — Withholding-only proceedings are limited

to applications for withholding of removal (“restriction on removal”) under INA
§ 241(b)(3) and protection under the Convention Against Torture. Neither the alien
nor DHS may raise any other issues, including issues of admissibility, deportability,
eligibility for waivers, and eligibility for any other form of relief. 8 C.F.R.
§ 1208.2(c)(3)(i).
(iii) Conduct of the proceedings. — Withholding-only proceedings are

conducted under the procedures governing removal proceedings. See 8 C.F.R.
§ 1208.2(c)(3). See also Chapter 4 (Hearings before Immigration Judges).
(iv) Appeals. — Decisions by Immigration Judges in withholding-only

proceedings may be appealed to the Board of Immigration Appeals.

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Practice Manual Stays
Chapter
Chapter 8 Stays
8.1 In General
A stay prevents the Department of Homeland Security (DHS) from executing an

order of removal, deportation, or exclusion. Stays are automatic in some instances and
discretionary in others. This chapter provides general guidance regarding the procedures
to follow when filing for a stay before the immigration court or the Board of Immigration
Appeals (BIA). For particular cases, parties should note that the procedures are not the
same before the immigration court and the BIA and should consult the controlling law and
regulations. See INA §§ 240(b)(5)(C), 240(c)(7)(C)(iv); 8 C.F.R. §§ 1003.2(f), 1003.6,
1003.23(b)(1)(v), and 1003.23(b)(4)(ii),(iii)(C).
An alien under a final order of deportation or removal may seek a stay of

deportation or removal from DHS. A denial of the stay by DHS does not preclude an
immigration judge or the BIA from granting a stay in connection with a previously filed
motion to reopen or motion to reconsider. DHS shall take all reasonable steps to comply
with a stay granted by an immigration judge or the BIA, but such a stay shall cease to
have effect if granted or communicated after the alien has been placed aboard an aircraft
or other conveyance for removal and the normal boarding has been completed. 8 C.F.R.
§§ 241.6, 1241.6.
In the context of bond proceedings, the BIA has the authority to grant a stay of the
execution of an immigration judge’s decision when DHS has appealed or provided notice
of intent to appeal by filing the Notice of Service Intent to Appeal Custody Redetermination
(Form EOIR-43) with the Immigration Court within one business day of the Immigration
Judge’s bond order, and file the appeal within 10 business days. The BIA may also
entertain motions to reconsider discretionary stays it has granted. See 8 C.F.R. §
1003.19(i)(1)-(2); see also Chapter 9.3(f) (Appeals).
There are important differences between the automatic stay provisions in

deportation and exclusion proceedings and the automatic stay provisions in removal
proceedings. Other than a motion to reopen in absentia deportation proceedings, those
differences are not covered in this Practice Manual. Accordingly, parties in deportation or
exclusion proceedings should carefully review the controlling law and regulations.
8.2 Automatic Stays
There are certain circumstances when an immigration judge’s order of removal is

automatically stayed pending further action on an appeal or motion. When a stay is

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automatic, the immigration courts and the BIA do not issue a written order on the stay.
(a) During the Appeal Period. — After an immigration judge issues a final
decision on the merits of a case (not including bond or custody, credible fear, claimed
status review, or reasonable fear determinations), the order is automatically stayed for
the 30-day period for filing an appeal with the BIA. However, the order is not stayed if the
losing party waived the right to appeal. 8 C.F.R. § 1003.6(a).
(b) During the Adjudication of an Appeal. — If a party appeals an immigration

judge’s decision on the merits of the case (not including bond and custody
determinations) to the BIA during the appeal period, the order of removal is automatically
stayed during the BIA’s adjudication of the appeal. 8 C.F.R. § 1003.6(a). The stay remains
in effect until the BIA renders a final decision in the case.
(c) During the Adjudication of Case Certified to the BIA. — A removal order is
stayed while the BIA adjudicates a case that is before that appellate body by certification.
8 C.F.R. § 1003.6(a); see also Chapter 6.5 (Certification). The stay remains in effect until
the BIA renders a final decision in the case or declines to accept certification of the case.
(d) Motions to Reopen. —
(i) Removal Proceedings. — An immigration judge’s removal order is

stayed during the period between the filing of a motion to reopen removal
proceedings conducted in absentia and the immigration judge’s ruling on that
motion. 8 C.F.R. § 1003.23(b)(4)(ii).
An immigration judge’s removal order is automatically stayed during the

BIA’s adjudication of an appeal of the immigration judge’s ruling in certain motions
to reopen filed by battered spouses, children, and parents. INA § 240(c)(7)(C)(iv).
An immigration judge’s order is not automatically stayed in appeals to the

BIA from an immigration judge’s denial of a motion to reopen removal proceedings
conducted in absentia, and motions to reopen or reconsider a prior BIA decision
are not automatically stayed.
(ii) Deportation Proceedings. — An immigration judge’s deportation

order is stayed during the period between the filing of a motion to reopen
deportation proceedings conducted in absentia under prior INA § 242B and the
immigration judge’s ruling on that motion, as well as during the adjudication by the
BIA of any subsequent appeal of that motion. 8 C.F.R. § 1003.23(b)(4)(iii)(C).

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Automatic stays only attach to the original appeal from an immigration

judge’s denial of a motion to reopen deportation proceedings conducted in
absentia under prior INA § 242B. See 8 C.F.R. § 1003.23(b)(4)(iii)(C). Additionally,
there is no automatic stay to a motion to reopen or reconsider the BIA’s prior
dismissal of an appeal from an immigration judge’s denial of a motion to reopen
deportation proceedings conducted in absentia under prior INA § 242B.
(e) Federal Court Remands. — A federal court remand to the BIA results in an
automatic stay of an order of removal if:
1. The BIA’s decision before the federal court involved a direct appeal of an
immigration judge’s decision on the merits of the case (excluding bond and
custody determinations); or
2. The BIA’s decision before the federal court involved an appeal of an

immigration judge’s denial of a motion to reopen deportation proceedings
conducted in absentia under prior INA § 242B.
8.3 Discretionary Stays
(a) Jurisdiction. — Both immigration judges and the BIA have authority to grant
and reconsider stays as a matter of discretion but only for matters within the judges’ or
the BIA’s respective jurisdiction. See Chapters 1.5 (Jurisdiction and Authority), 9.3(b)
(Jurisdiction). Immigration judges consider requests for discretionary stays only when a
motion to reopen or a motion to reconsider is pending before the immigration court.
In most cases, the BIA entertains stays only when there is an appeal from an
immigration judge’s denial of a motion to reopen removal proceedings or a motion to
reopen or reconsider a prior BIA decision pending before the BIA. The BIA may also
consider a stay of an immigration judge’s bond decision while a bond appeal is pending
in order to prevent the alien’s release from detention. See Chapter 9.3(f) (Appeals).
(b) Motion to Reopen to Apply for Asylum, Withholding of Removal under the
Act, or Protection under the Convention Against Torture. — Time and numerical
limitations do not apply to motions to reopen to apply for asylum, withholding of removal
under the Act, or protection under the Convention Against Torture if the motion is based
on changed country conditions arising in the country of nationality or the country to which
removal has been ordered, if such evidence is material and was not available and could
not have been discovered or presented at the previous proceeding. The filing of a motion
to reopen in such circumstances does not automatically stay an alien’s removal. The alien
may request a stay and if granted by the immigration court shall not be removed pending

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disposition of the motion. If the original asylum application was denied based on a finding
that it was frivolous, the alien is ineligible to file a motion to reopen or reconsider or for a
stay of removal. 8 C.F.R. § 1003.23(b)(4)(i).
When filing a motion to reopen to apply for asylum, withholding of removal under
the Act, or protection under the Convention Against Torture based on changed country
conditions, the alien does not need to file a copy of his or her record of proceedings or A-
file.
(c) Motion Required. — Parties should submit a request for a discretionary stay
by filing a written motion. The motion should comply with all the requirements for filing,
including formatting, inclusion of a proof of service, and submission of possible fees. See
Chapter 3 (Filing with the Immigration Court), Appendix F: Sample Cover Page.
(i) Contents. — A party requesting a discretionary stay of removal before

the immigration court should submit a motion stating the complete case history and
all relevant facts. It should also include a copy of the order that the party wants
stayed, if available. If the moving party does not have a copy of the order, that
party should provide the date of the order and a detailed description of the
immigration judge’s ruling and reasoning, as articulated by the immigration judge.
If the facts are in dispute, the moving party should provide appropriate evidence.
See Chapter 5.2(e) (Evidence). A discretionary request to stay removal,
deportation, or exclusion may be submitted at any time after an alien becomes
subject to a final order of removal, deportation, or exclusion if a motion to reopen
or reconsider is pending before the immigration court.
A party requesting a discretionary stay of removal, deportation, or exclusion

before BIA should follow the procedures described below:
(A) Who May Request. — An alien (or an alien’s representative)

may request a discretionary stay of removal, deportation, or exclusion only
if the alien’s case is currently before the BIA and the alien is subject to a
removal, deportation, or exclusion order.
(B) Timing of Request. — A request to stay removal, deportation,

or exclusion may be submitted at any time during the pendency of a case
before the BIA.
(C) Form of Request. — Requests to stay removal, deportation, or

exclusion must be made in writing. The BIA prefers that stay requests be

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submitted in the form of a “MOTION TO STAY REMOVAL.” See Appendix

F: Sample Cover Page.
(D) Contents. — The motion should contain a complete recitation of

the relevant facts and case history and indicate the current status of the
case. The motion must also contain a specific statement of the time
exigencies involved. Motions containing vague or general statements of
urgency are not persuasive.
A copy of the existing immigration judge or BIA order should be

included, when available. When the moving party does not have a copy of
the order, the moving party should provide the date of the immigration
judge’s decision and a detailed description of both the ruling and the basis
of that ruling, as articulated by the immigration judge. If the facts are in
dispute, the moving party should furnish evidence supporting the motion to
stay.
(E) Format. — The motion should comply with the general rules for
filing motions. See Chapter 5.2 (Filing a Motion). The motion must include
a Proof of Service. See Chapter 3.2 (Service on the Opposing Party),
Appendix G: Sample Proof of Service.
(F) Fee. — A motion to stay removal, deportation, or exclusion does

not, by itself, require a filing fee. The underlying appeal or motion, however,
may still require a fee. See Chapter 3:4 (Filing Fees).
(ii) Emergency v. Non-Emergency. — The immigration courts and the BIA

categorize stay requests into two categories: emergency and non-emergency.
When filing a stay request with the immigration court, the parties should submit
their motion with a cover page either labeled “MOTION TO STAY REMOVAL” or
“EMERGENCY MOTION TO STAY REMOVAL,” as relevant.
(A) Emergency. — The immigration courts and the BIA may rule
immediately on an “emergency” stay request. The immigration court and the
BIA only consider a stay request to be an emergency when an alien is:
1. in DHS’s physical custody and removal, deportation, or

exclusion is imminent;
2. turning himself or herself in to DHS custody in order to be
removed, deported, or excluded and removal, deportation, or

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exclusion is expected to occur within the next 3 business

days; or
3. scheduled to self-execute an order of removal, deportation, or
exclusion within the next 3 business days.
The motion should contain a specific statement of the time

exigencies involved.
If a party is seeking an emergency stay from the BIA, the party must
contact the BIA’s Emergency Stay Unit by calling 703-306-0093. If a party
is seeking an emergency stay from an immigration court, he or she must
call the immigration court from which the removal order was issued. EOIR
otherwise will not be able to properly process the request as an emergency
stay. The BIA’s Emergency Stay Unit is closed on federal holidays. It will
consider an emergency stay request only on non-holiday weekdays from
9:00 a.m. to 5:30 p.m. (Eastern Time). Immigration courts will consider stay
requests during posted operating hours.
An alien may supplement a non-emergency stay request with an

emergency stay request if qualifying circumstances, such as when an alien
reports to DHS custody for imminent removal, arise.
Parties can obtain instructions for filing an emergency stay motion

with the BIA by calling the same numbers. For a list of immigration court
numbers, see Appendix A or visit EOIR’s website at
www.justice.gov/eoir/eoir-immigration-court-listing.
When circumstances require immediate attention from the BIA or

immigration courts, EOIR may, at the adjudicator’s discretion, entertain a
telephonic stay request.
EOIR promptly notifies the parties of its decision.
(B) Non-Emergency. — The immigration courts and the BIA do not

rule immediately on a “non-emergency” stay request. Instead, the request
is considered during the normal course of adjudication. Non-emergency
stay requests include those from aliens who are not facing removal within
the next 3 business days, and who are either:
1. not in detention; or
2. in detention but not facing imminent removal, deportation, or
exclusion.

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(d) Pending Motions. — Neither the immigration judges nor the BIA
automatically grant discretionary stays. The mere filing of a motion for a
discretionary stay of an order does not prevent the execution of the order.
Therefore, DHS may execute the underlying removal, deportation, or exclusion
order unless and until the immigration judge or the BIA grants the motion for a stay.
(e) Adjudication and Notice. — When an immigration judge or the BIA

grants a discretionary stay of removal, deportation, or exclusion, the immigration
judge or the BIA issues a written order. When a discretionary stay is granted, the
parties are promptly notified about the decision.
(f) Duration. — A discretionary stay of removal, deportation, or exclusion

lasts until the immigration judge adjudicates the motion to reopen or motion to
reconsider or until the BIA renders a final decision on the merits of the appeal,
motion to reopen, or the motion to reconsider.

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Practice Manual Detention and Bond

9.1 Detention
(a) In general. — The Department of Homeland Security (DHS) bears the

responsibility for the apprehension and detention of aliens. Immigrations Judges have
jurisdiction over custody determinations under certain circumstances. See generally 8
C.F.R. § 1003.19. See also Chapter 9.3 (Bond Proceedings).
(b) Place and conditions. — Aliens may be detained in a Department of

Homeland Security (DHS) Processing Facility, or in any public or private detention facility
contracted by DHS to detain aliens. See 8 C.F.R. § 235.3(e). Immigration Judges have
no jurisdiction over the location of detention and the conditions in the detention facility.
(c) Appearance at hearings. — The Department of Homeland Security is

responsible for ensuring that detained aliens appear at all hearings.
(d) Transfers and Release. — The Department of Homeland Security (DHS)

sometimes transfers detained aliens between detention facilities.
(i) Notification. — DHS is obligated to notify the Immigration Court when

an alien is moved between detention locations. See 8 C.F.R. § 1003.19(g).
In addition, DHS is responsible for notifying the Immigration Court when an

alien is released from custody. See 8 C.F.R. § 1003.19(g). Nonetheless, the alien
should file an Alien’s Change of Address Form (Form EOIR-33/IC) with the
Immigration Court to ensure that Immigration Court records are up-to-date.
(ii) Venue. — If an alien has been transferred while proceedings are

pending, the Immigration Judge with original jurisdiction over the case retains
jurisdiction until that Immigration Judge grants a motion to change venue. Either
DHS or the alien may file a motion to change venue. See Chapter 5 (Motions
before the Immigration Court). If DHS brings the alien before an Immigration
Judge in another Immigration Court and a motion to change venue has not been
granted, the second Immigration Judge does not have jurisdiction over the case,
except for bond redeterminations.
(e) Conduct of hearing. — Proceedings for detained aliens are expedited.

Hearings are held either at the detention facility or at the Immigration Court, either by
video or telephone conference. For more information on hearings conducted by video or
telephone conference, see Chapter 4.7 (Hearings by Video or Telephone Conference).

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(i) Special considerations for hearings in detention facilities. — For

hearings in detention facilities, parties must comply with the facility’s security
restrictions. See Chapter 4.14 (Access to Court).
(ii) Orientation. — In some detention facilities, detainees are provided with

orientations or “rights presentations” by non-profit organizations. The Executive
Office for Immigration Review also funds orientation programs at a number of
detention facilities, which are administered by the EOIR Legal Orientation
Program. See Chapter 1.4(c) (Legal Orientation Program).
9.2 Detained Juveniles
(a) In general. — There are special procedures for juveniles in federal custody,
whether they are accompanied or unaccompanied. See generally 8 C.F.R. § 1236.3. For
purposes of this chapter, a juvenile is defined as an alien under 18 years of age. An
unaccompanied juvenile is defined as an alien under 18 years of age who does not have
a parent or legal guardian in the United States to provide care and physical custody.
(b) Place and conditions of detention. — The Department of Homeland Security

(DHS) bears the initial responsibility for apprehension and detention of juveniles. When
DHS determines that a juvenile is accompanied by a parent or legal guardian, DHS retains
responsibility for the juvenile’s detention and removal. When DHS determines that a
juvenile is unaccompanied and must be detained, he or she is transferred to the care of
the Department of Health and Human Services, Office of Refugee Resettlement, which
provides for the care and placement, where possible, of the unaccompanied juvenile. See
6 U.S.C. § 279.
(c) Representation and conduct of hearing. — For provisions regarding the

representation of juveniles, and the conduct of hearings involving juveniles, see Chapter
4.22 (Juveniles).
(d) Release. — Unaccompanied juveniles who are released from custody are
released to a parent, a legal guardian, an adult relative who is not in Department of
Homeland Security detention, or, in limited circumstances, to an adult who is not a family
member.
9.3 Bond Proceedings
(a) In general. — In certain circumstances, an alien detained by the Department

of Homeland Security (DHS) can be released from custody upon the payment of bond.

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Initially, the bond is set by DHS. Upon the alien’s request, an Immigration Judge may
conduct a “bond hearing,” in which the Immigration Judge has the authority to redetermine
the amount of bond set by DHS.
Bond proceedings are separate from removal proceedings. For guidance on

entering an appearance in bond proceedings, see Chapter 2.3(d) (Scope of
representation); see also generally 8 C.F.R. §§ 1003.17(a) , 1003.19, 1236.1.
(b) Jurisdiction. — Except as provided in subsections (i) through (iii), below, an

Immigration Judge generally has jurisdiction to conduct a bond hearing if the alien is in
Department of Homeland Security (DHS) custody. The Immigration Judge also has
jurisdiction to conduct a bond hearing if the alien is released from DHS custody upon
payment of a bond and, within 7 days of release, files a request for a bond redetermination
with the Immigration Court.
An Immigration Judge has jurisdiction over such cases even if a charging

document has not been filed. In addition, an Immigration Judge has jurisdiction to rule
on whether he or she has jurisdiction to conduct a bond hearing.
(i) No jurisdiction by regulation. — By regulation, an Immigration Judge

does not have jurisdiction to conduct bond hearings involving:
o aliens in exclusion proceedings

o arriving aliens in removal proceedings
o aliens ineligible for release on security or related grounds
o aliens ineligible for release on certain criminal grounds
8 C.F.R. § 1003.19(h)(2)(i).
(ii) No jurisdiction by mootness. — A bond becomes moot, and the

Immigration Judge loses jurisdiction to conduct a bond hearing, when an alien:
o departs from the United States, whether voluntarily or

involuntarily
o is granted relief from removal by the Immigration Judge, and

the Department of Homeland Security does not appeal

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o is granted relief from removal by the Board of Immigration

Appeals
o is denied relief from removal by the Immigration Judge, and

the alien does not appeal
o is denied relief from removal by the Board of Immigration

Appeals
(iii) Other. — Immigration Judges do not have bond jurisdiction in certain

limited proceedings. See generally Chapter 7 (Other Proceedings before
Immigration Judges).
(c) Requesting a bond hearing. — A request for a bond hearing may be

made in writing. In addition, except as provided in subsection (iii), below, a request
for a bond hearing may be made orally in court or, at the discretion of the
Immigration Judge, by telephone. If available, a copy of the Notice to Appear
(Form I-862) should be provided. The telephone number of each Immigration
Court is listed on the Executive Office for Immigration Review website at
(i) Contents. — A request for a bond hearing should state:
o the full name and alien registration number (“A number”) of

the alien
o the bond amount set by the Department of Homeland Security
o if the alien is detained, the location of the detention facility
(ii) No fee. — There is no filing fee to request a bond hearing.
(iii) Where to request. — A request for a bond hearing is made, in order of

preference, to:
o if the alien is detained, the Immigration Court having

jurisdiction over the alien’s place of detention;
o the Immigration Court with administrative control over the

case; or

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o the Office of the Chief Immigration Judge for designation of

an appropriate Immigration Court
8 C.F.R. § 1003.19(c). See Chapter 3.1(a)(i) (Administrative Control Courts).
(iv) Multiple requests. — If an Immigration Judge or the Board of

Immigration Appeals has previously ruled in bond proceedings involving an alien,
a subsequent request for a bond hearing must be in writing, and the alien must
show that his or her circumstances have changed materially since the last
decision. In addition, the request must comply with the requirements listed in
subsection (c)(i), above. 8 C.F.R. § 1003.19(e).
(d) Scheduling a hearing. — In general, after receiving a request for a bond

hearing, the Immigration Court schedules the hearing for the earliest possible date and
notifies the alien and the Department of Homeland Security.
In limited circumstances, an Immigration Judge may rule on a bond

redetermination request without holding a hearing.
If an alien requests a bond hearing during another type of hearing (for example,
during a master calendar hearing in removal proceedings), the Immigration Judge may:
o stop the other hearing and conduct a bond hearing on that date
o complete the other hearing and conduct a bond hearing on that date
o complete the other hearing and schedule a bond hearing for a later
date
o stop the other hearing and schedule a bond hearing for a later date
(e) Bond hearings. — In a bond hearing, the Immigration Judge determines

whether the alien is eligible for bond. If the alien is eligible for bond, the Immigration
Judge considers whether the alien’s release would pose a danger to property or persons,
whether the alien is likely to appear for further immigration proceedings, and whether the
alien is a threat to national security. In general, bond hearings are less formal than
hearings in removal proceedings.
(i) Location. — Generally, a bond hearing is held at the Immigration Court

where the request for bond redetermination is filed.

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(ii) Representation. — In a bond hearing, the alien may be represented at

no expense to the government.
(iii) Generally not recorded. — Bond hearings are generally not recorded.
(iv) Record of Proceedings. — The Immigration Judge creates a record,

which is kept separate from the Records of Proceedings for other Immigration
Court proceedings involving the alien.
(v) Evidence. — Documents for the Immigration Judge to consider are filed
in open court or, if the request for a bond hearing was made in writing, together
with the request. Since the Record of Proceedings in a bond proceeding is kept
separate and apart from other Records of Proceedings, documents already filed in
removal proceedings must be resubmitted if the filing party wishes them to be
considered in the bond proceeding.
If documents are filed in advance of the hearing, the documents should be

filed together with the request for a bond hearing. If a document is filed in advance
of the hearing but separate from the request for a bond hearing, it should be filed
with a cover page labeled “BOND PROCEEDINGS.” See Appendix F (Sample
Cover Page).
Unless otherwise directed by the Immigration Judge, the deadlines and

requirements for filings in Chapter 3 (Filing with the Immigration Court) do not apply
in bond proceedings.
(vi) Conduct of hearing. — While the Immigration Judge decides how each
hearing is conducted, parties should submit relevant evidence and:
o the Department of Homeland Security (DHS) should state

whether a bond has been set and, if a bond has been set, the
amount of the bond and the DHS justification for that amount
o the alien or the alien’s representative should make an oral

statement (an “offer of proof” or “proffer”) addressing whether
the alien’s release would pose a danger to property or
persons, whether the alien is likely to appear for future
immigration proceedings, and whether the alien poses a
danger to national security

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At the Immigration Judge’s discretion, witnesses may be placed under oath

and testimony taken. However, parties should be mindful that bond
hearings are generally briefer and less formal than hearings in removal
proceedings.
(vii) Decision. — The Immigration Judge’s decision is based on any

information that is available to the Immigration Judge or that is presented by the
parties. See 8 C.F.R. § 1003.19(d).
Usually, the Immigration Judge’s decision is rendered orally. Because bond

hearings are generally not recorded, the decision is not transcribed. If either party
appeals, the Immigration Judge prepares a written decision based on notes from
the hearing.
(f) Appeals. — Either party may appeal the Immigration Judge’s decision to the
Board of Immigration Appeals. If the alien appeals, the Immigration Judge’s bond
decision remains in effect while the appeal is pending. If the Department of Homeland
Security appeals, the Immigration Judge’s bond decision remains in effect while the
appeal is pending unless the Board issues an emergency stay or the decision is
automatically stayed by regulation. See 8 C.F.R. §§ 1003.6(c), 1003.19(i).
For detailed guidance on when Immigration Judges’ decisions in bond proceedings

are stayed, parties should consult the Board of Immigration Appeals Practice Manual,
9.4 Continued Detention Review
(a) In general. — Generally, the Department of Homeland Security (DHS) must

remove or release detained aliens within 90 days of a final order of removal. However,
DHS may continue to detain an alien whose removal from the United States is not
“reasonably foreseeable,” if the alien’s release would pose a special danger to the public.
See INA § 241(a)(6), 8 C.F.R. § 1241.14(f). Such a decision by DHS to continue to detain
an alien is reviewed by an Immigration Judge in “continued detention review
proceedings.” The proceedings begin with a DHS determination that continued detention
is required and are divided into two phases: (1) reasonable cause hearings and (2)
continued detention review merits hearings. See subsections (c), (d), below.
(b) DHS determination. — If an alien has been ordered removed but remains
detained, he or she may request that the Department of Homeland Security (DHS)
determine whether there is a significant likelihood of removal in the reasonably

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foreseeable future. See 8 C.F.R. § 1241.13. If there is a significant likelihood of removal

in the reasonably foreseeable future, DHS may continue to detain the alien.
If there is not a significant likelihood of removal in the reasonably foreseeable

future, the alien is released unless DHS determines, based on a full medical and physical
examination, that the alien should be subject to continued detention because the alien’s
release would pose a special danger to the public. Following such a determination, the
matter is referred to an Immigration Judge for a reasonable cause hearing. See 8 C.F.R.
§ 1241.14(f).
(c) Reasonable cause hearing. — A reasonable cause hearing is a brief hearing

to evaluate the evidence supporting the determination by the Department of Homeland
Security (DHS) that the alien’s release would pose a special danger to the public. In the
hearing, the Immigration Judge decides whether DHS’s evidence is sufficient to establish
reasonable cause to go forward with a continued detention review merits hearing, or
whether the alien should be released. See generally 8 C.F.R. § 1241.14.
(i) Timing. — The reasonable cause hearing begins no later than 10

business days after referral to the Immigration Court.
(ii) Location. — If possible, the reasonable cause hearing is conducted in

person, but may be conducted by telephone conference or video conference, at
the Immigration Judge’s discretion. See Chapter 4.7 (Hearings by Video or
Telephone Conference).
(iii) Representation. — The alien is provided with a list of free or low-cost

legal service providers and may be represented at no expense to the government.
(iv) Conduct of hearing. — DHS may offer any evidence that is material
and relevant to the proceeding. The alien has a reasonable opportunity to examine
evidence against him or her, to present evidence and witnesses on his or her own
behalf, and to cross-examine witnesses presented by DHS.
(v) Record of Proceedings. — The Immigration Judge creates a Record

of Proceedings, and the hearing is recorded. The Record of Proceedings is not
combined with records of any other Immigration Court proceedings involving the
same alien.
(vi) Immigration Judge’s decision. — If the Immigration Judge finds that

DHS has met its burden of showing reasonable cause to go forward with a

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continued detention review merits hearing, the alien is notified, and the merits
hearing is scheduled.
If the Immigration Judge finds that DHS has not met its burden, the
Immigration Judge dismisses the proceedings, and the alien is released under
conditions determined by DHS.
(vii) Appeals. — If the Immigration Judge finds that DHS has not met its
burden of showing reasonable cause to go forward with a continued detention
review merits hearing, DHS may appeal to the Board of Immigration Appeals. The
appeal must be filed within two business days after the Immigration Judge’s order.
The Immigration Judge’s order dismissing the proceedings is stayed pending
adjudication of an appeal, unless DHS waives the right to appeal.
If the Immigration Judge finds that DHS has met its burden, the decision is
not appealable by the alien.
(d) Continued detention review merits hearing. — In the continued detention

review merits hearing, the Department of Homeland Security (DHS) has the burden of
proving by clear and convincing evidence that the alien should remain in custody because
the alien’s release would pose a special danger to the public. See generally 8 C.F.R. §
1241.14.
(i) Timing. — The continued detention review merits hearing is scheduled

promptly. If the alien requests, the merits hearing is scheduled to commence
within 30 days of the decision in the reasonable cause hearing.
(ii) Representation. — The alien is provided with a list of free and low-cost
legal service providers and may be represented at no expense to the government.
(iii) Conduct of hearing. — The Immigration Judge may receive into

evidence any oral or written statement that is material and relevant to the
proceeding. The alien has a reasonable opportunity to examine evidence against
him or her, to present evidence and witnesses on his or her own behalf, and to
cross-examine witnesses presented by DHS. In addition, the alien has the right to
cross-examine the author of any medical or mental health reports used as a basis
for DHS’s determination that the alien’s release would pose a special danger to
the public.
(iv) Immigration Judge’s decision. — If the Immigration Judge

determines that DHS has met its burden of showing that the alien should remain

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in custody as a special danger to the public, the Immigration Judge orders the
continued detention of the alien.
If the Immigration Judge determines that DHS has not met its burden, the
Immigration Judge dismisses the proceedings, and the alien is released under
conditions determined by DHS.
(v) Appeals. — Either party may appeal the Immigration Judge’s decision
to the Board of Immigration Appeals. Appeals by DHS must be filed within 5
business days of the Immigration Judge’s order. Appeals by aliens are subject to
the same deadlines as appeals in removal proceedings. For detailed guidance on
appeals, parties should consult the Board of Immigration Appeals Practice Manual,
If the Immigration Judge dismisses the proceedings and orders the alien
released, the order is stayed pending adjudication of any DHS appeal, unless DHS
waives the right to appeal.
(e) Periodic review. — Following proceedings in which the alien’s continued

detention has been ordered, the alien may periodically request that the Department of
Homeland Security (DHS) review his or her continued detention. The alien must show
that, due to a material change in circumstances, the alien’s release would no longer pose
a special danger to the public. Such requests may be made no earlier than 6 months
after the most recent decision of the Immigration Judge or the Board of Immigration
Appeals.
If DHS does not release the alien, the alien may file a motion with the Immigration
Court to set aside its prior determination in the proceedings. The alien must show that,
due to a material change in circumstances, the alien’s release would no longer pose a
special danger to the public. If the Immigration Judge grants the motion, a new continued
detention review merits hearing is held. If the motion is denied, the alien may appeal to
the Board.

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Practice Manual Discipline of Practitioners
10.1 Practitioner Discipline Generally
The Executive Office for Immigration Review has the authority to impose
disciplinary sanctions on attorneys, recognized organizations, and accredited
representatives who violate rules of professional conduct in practice before the
Immigration Courts, the Board of Immigration Appeals, and the Department of Homeland
Security. See 8 C.F.R. §§ 1003.1(d)(2)(iii), 1003.1(d)(5),1003.101-111, 292.3. See also
Matter of Gadda, 23 I&N Dec. 645 (BIA 2003).
Generally, discipline of practitioners and recognized organizations is initiated by

the filing of a complaint. See Chapter 10.5 (Filing a Complaint). Any individual, including
Immigration Judges, may file a complaint about the conduct of a practitioner or recognized
organization.
10.2 Definition of Practitioner and Recognized Organization
For purposes of this Chapter, “practitioner” refers to an alien’s attorney or

representative, as defined in 8 C.F.R. §§ 1001.1(f) and 1001.1(j), 1292.1(a)(4),
respectively. The term “representative” refers to non-attorneys authorized to practice
before the Immigration Courts and the Board of Immigration Appeals, including law
students and law graduates, reputable individuals, accredited representatives, accredited
officials, and persons formerly authorized to practice. See 8 C.F.R. §§ 1001.1(j),
1292.1(a)-(b). See also Chapter 2 (Appearances Before the Immigration Court).
For purposes of this Chapter, the term “recognized organization” is defined as a

non-profit, federal tax-exempt, religious, charitable, social service, or similar organization
established in the United States that has been recognized by the Assistant Director for
Policy or the Assistant Director’s designee to represent aliens through accredited
representatives before DHS only or before the Board, the Immigration Courts, and DHS.
See 8 C.F.R. § 1292.11.
10.3 Jurisdiction
(a) Immigration Judges. — Immigration Judges have the authority to file

complaints concerning practitioners who appear before them.

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The disciplinary procedures described in this chapter do not apply to Immigration

Judges. For information on Immigration Judge conduct, see Chapter 1.3(c) (Immigration
Judge conduct and professionalism).
(b) Practitioners. — The disciplinary procedures described in this chapter apply

to practitioners who practice before the Immigration Courts, the Board of Immigration
Appeals, or the Department of Homeland Security. See 8 C.F.R. § 1003.101.
(c) Recognized organizations. — .

EOIR is authorized to discipline a recognized organization if it finds it to be in the
public interest to do so. 8 C.F.R. § 1003.110. It is in the public interest to discipline a
recognized organization that violates one or more of the grounds specified in 8 C.F.R. §
1003.110(b). Specific grounds for discipline of recognized organizations are listed in
Chapter 10.4(b) (Recognized Organizations).
(d) DHS attorneys. — The disciplinary procedures described in this chapter do

not apply to attorneys who represent the Department of Homeland Security (DHS). The
conduct of DHS attorneys is governed by DHS rules and regulations. Concerns or
complaints about the conduct of DHS attorneys may be raised in writing with the DHS
Office of the Chief Counsel where the Immigration Court is located. A list of Offices of
the Chief Counsel is available on the DHS website at www.ice.gov.
(e) Unauthorized practice of law. — The disciplinary procedures described in

this chapter apply to practitioners who assist in the unauthorized practice of law. See 8
C.F.R. § 1003.102(m). Anyone may file a complaint against a practitioner who is assisting
in the unauthorized practice of law. See 10.5 (Filing a Complaint).
The disciplinary procedures described in this chapter do not apply to non-

practitioners engaged in the unauthorized practice of law. Anyone harmed by an
individual practicing law without authorization should contact the appropriate law
enforcement or consumer protection agency. In addition, persons harmed by such
conduct are encouraged to contact the Executive Office for Immigration Review Fraud
and Abuse Prevention Program. See Chapter 1.4(b) (EOIR Fraud and Abuse Prevention
Program), Appendix B (EOIR Directory).
In general, the unauthorized practice of law includes certain instances where non-
attorneys perform legal services, give legal advice, or represent themselves to be
attorneys. Individuals engaged in the unauthorized practice of law include some
immigration specialists, visa consultants, and “notarios.”
10.4 Conduct

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(a) Practitioners. — Conduct by practitioners which may result in discipline

includes the following:
o grossly excessive fees;
o bribery or coercion;
o offering false evidence, or making a false statement of material fact or law;
o improperly soliciting clients;
o disbarment or suspension, or resignation while a disciplinary investigation

or proceeding is pending;
o misrepresenting qualifications or services offered;
o conduct that would constitute contempt of court in a judicial proceeding;
o a conviction for a serious crime;
o falsely certifying a copy of a document;
o frivolous behavior, as defined in 8 C.F.R. § 1003.102(j);
o ineffective assistance of counsel;
o repeated failure to appear;
o assisting in the unauthorized practice of law;
o engaging in conduct that is prejudicial to the administration of justice or

undermines the integrity of the adjudicative process;
o failing to provide competent representation to a client;
o failing to abide by a client’s decisions;
o failing to act with reasonable diligence and promptness;

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• a practitioner’s workload must be controlled and managed so that

each matter can be handled competently;
• a practitioner has the duty to comply with all time and filing
limitations; and
• a practitioner should carry through to conclusion all matters

undertaken for a client, consistent with the scope of representation.
o failing to maintain communication with the client;
o failing to disclose adverse legal authority;
o failing to submit a Notice of Entry of Appearance as Attorney or

Representative Before the Immigration Court (Form EOIR-28); or
o repeatedly filing boilerplate submission.
For a full explanation of each ground for discipline, consult the regulations at 8 C.F.R.
§ 1003.102.
(b) Recognized organizations. — Conduct by recognized organizations which

may result in discipline includes the following:
o knowingly or with reckless disregard providing a false statement or

misleading information in applying for recognition or accreditation of its
representative;
o knowingly or with reckless disregard providing false statements or

misleading information to clients or prospective clients regarding the scope
of its authority or services;
o failing to provide adequate supervision of accredited representatives;
o employing, or receiving services from, or affiliating with, an individual who

performs an activity that constitutes the unauthorized practice of law or
immigration fraud; or
o engaging in the practice of law through staff when the organization does not
have an attorney or accredited representative.

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For a full explanation of each ground for discipline, consult the regulations at 8 C.F.R.
§ 1003.110(b).
10.5 Filing a Complaint
(a) Who may file. — Anyone may file a complaint against a practitioner or
recognized organization, including Immigration Judges, Board Members, the
practitioner’s clients, Department of Homeland Security personnel, and other
practitioners. 8 C.F.R. §§ 1003.104(a)(1), 1292.19(a).
(b) What to file. — Complaints must be submitted in writing. Persons filing

complaints are encouraged to use the Immigration Practitioner Complaint Form, (Form
EOIR-44). See Chapter 11.2 (Obtaining Blank Forms), Appendix E (Forms). The Form
EOIR-44 provides important information about the complaint process, the confidentiality
of complaints, and the types of misconduct that can result in discipline by the Executive
Office for Immigration Review. Complaints should be specific and as detailed as possible,
and supporting documentation should be provided if available.
(c) Where to file. — Complaints alleging practitioner misconduct before the

Immigration Courts or the Board of Immigration Appeals, or complaints against
recognized organizations, should be filed with the Executive Office for Immigration
Review disciplinary counsel. 8 C.F.R. §§ 1003.104(a)(1), 1292.19(a). The completed
Form EOIR-44 and supporting documents should be sent to:
United States Department of Justice

Executive Office for Immigration Review
Office of the General Counsel
Falls Church, VA 22041
Attn: Disciplinary Counsel
See Appendix B (EOIR Directory). After receiving a complaint, the EOIR

disciplinary counsel decides whether to initiate disciplinary proceedings. 8 C.F.R. §§
1003.104(b), 1292.19(b). See Chapter 10.7 (Disciplinary Proceedings).
(d) When to file. — Complaints should be filed as soon as possible. There are no
time limits for filing most complaints. However, complaints based on ineffective
assistance of counsel must be filed within one year of a finding of ineffective assistance
of counsel by an Immigration Judge, the Board of Immigration Appeals, or a federal court
judge or panel. 8 C.F.R. § 1003.102(k).

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10.6 Duty to Report
A practitioner who practices before the Immigration Courts, the Board of

Immigration Appeals, the Department of Homeland Security, and, if applicable, the
authorized officer of each recognized organization with which a practitioner is affiliated,
has an affirmative duty to report whenever he or she:
o has been found guilty of, or pled guilty or nolo contendere to, a serious crime
(as defined in 8 C.F.R. § 1003.102(h)); or
o has been disbarred or suspended from practicing law, or has resigned while
a disciplinary investigation or proceeding is pending.
8 C.F.R. §§ 1003.103(c), 292.3(c)(4). The practitioner and, if applicable, the authorized

officer of each recognized organization, must report the misconduct, criminal conviction,
or discipline to the Executive Office for Immigration Review disciplinary counsel within 30
days of the issuance of the relevant initial order. This duty applies even if an appeal of
the conviction or discipline is pending.
10.7 Disciplinary Proceedings
(a) In general. — Disciplinary proceedings take place in certain instances where

a complaint against a practitioner or recognized organization is filed with the Executive
Office for Immigration Review disciplinary counsel, or a practitioner or recognized
organization self-reports. See Chapters 10.5 (Filing a Complaint), 10.6 (Duty to Report).
See generally 8 C.F.R. §§ 1003.101-1003.109.
In some cases, practitioners are subject to summary disciplinary proceedings,

which involve distinct procedures as described in subsection (g), below.
In general, disciplinary hearings are conducted in the same manner as Immigration

Court proceedings, as appropriate. 8 C.F.R. § 1003.106(a)(1)(v).
(b) Preliminary investigation. — When a complaint against a practitioner or

recognized organization is filed, or a practitioner or recognized organization self-reports,
the Executive Office for Immigration Review disciplinary counsel conducts a preliminary
investigation. Upon concluding the investigation, the EOIR disciplinary counsel may elect
to:
o take no further action;

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o issue a warning letter or informal admonition to the practitioner;
o enter into an agreement in lieu of discipline; or
o initiate disciplinary proceedings by filing a Notice of Intent to Discipline (NID)

with the Board of Immigration Appeals and serving a copy on the
practitioner or recognized organization.
(c) Notice of Intent to Discipline. — Except as described in subsection (g), below,

the Notice of Intent to Discipline (NID) contains the charge(s), the preliminary inquiry
report, proposed disciplinary sanctions, instructions for filing an answer and requesting a
hearing, and the mailing address and telephone number of the Board of Immigration
Appeals.
(i) Petition for Immediate Suspension. — In certain circumstances, the

Executive Office for Immigration Review disciplinary counsel files a petition with
the Board of Immigration Appeals to immediately suspend the practitioner from
practicing before the Immigration Courts and the Board. These circumstances
include a conviction of a serious crime, disbarment or suspension from practicing
law, or resignation while disciplinary proceedings are pending. Practitioners
subject to a petition for immediate suspension are placed in summary disciplinary
proceedings, as described in subsection (g), below.
The Board may set aside such a suspension upon good cause shown, if
doing so is in the interest of justice. The hardships that typically accompany
suspension from practice, such as loss of income and inability to complete pending
cases, are usually insufficient to set aside a suspension order.
(ii) DHS motion to join in disciplinary proceedings. — The Department

of Homeland Security (DHS) may file a motion to join in the disciplinary
proceedings. If the motion is granted, any suspension or expulsion from practice
before the Immigration Courts and the Board of Immigration Appeals will also apply
to practice before DHS.
(iii) Petition for Interim Suspension. — In certain circumstances, the

Executive Office for Immigration Review Disciplinary Counsel may petition for an
interim suspension from practice of an accredited representative before the Board
and the Immigration Courts. 8 C.F.R. § 1003.111(a)(1). DHS may ask that the
accredited representative be similarly suspended from practice before DHS. 8
C.F.R. § 1003.111(a)(2).

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The petition must demonstrate by a preponderance of the evidence that the

accredited representative poses a substantial threat of irreparable harm to clients
or prospective clients. See 8 C.F.R. § 1003.111(a)(3).
(d) Answer. — A practitioner or recognized organization subject to a Notice of

Intent to Discipline (NID) has 30 days from the date of service to file a written answer with
the Board of Immigration Appeals and serve a copy on the counsel for the government.
See Chapter 3.2 (Service on the Opposing Party). The answer is deemed filed when it is
received by the Board.
(i) Contents. — In the answer, the practitioner, or, in cases involving

recognized organizations, the organization, must admit or deny each allegation in
the NID. Each allegation not expressly denied is deemed admitted. In addition,
the answer must state whether the practitioner or recognized organization requests
a hearing. If a hearing is not requested, the opportunity to request a hearing is
deemed waived. 8 C.F.R. § 1003.105(c)(2).
(ii) Motion for Extension of Time to Answer. — The deadline for filing an
answer may be extended for good cause shown, pursuant to a written motion filed
with the Board of Immigration Appeals no later than 3 working days before the
deadline. The motion should be filed with a cover page labeled “MOTION FOR
EXTENSION OF TIME TO ANSWER” and comply with the requirements for filing.
For information on the requirements for filing with the Board, parties should consult
the Board of Immigration Appeals Practice Manual, which is available at the
Executive Office for Immigration Review website at www.justice.gov/eoir.
(iii) Default order. — If the practitioner or, in cases involving recognized

organizations, the organization, does not file a timely answer, the Board of
Immigration Appeals issues a default order imposing the discipline proposed in the
NID, unless special considerations are present. 8 C.F.R. § 1003.105(d)(2).
(iv) Motion to set aside default order. — A practitioner or, in cases

involving recognized organizations, the organization, subject to a default order may
file a written motion with the Board of Immigration Appeals to set aside a default
order. The motion to set aside a default order must be filed within 15 days of
service of the default order. 8 C.F.R. § 1003.105(d)(2). The motion should be filed
with a cover page labeled “MOTION TO SET ASIDE DEFAULT ORDER” and
comply with the requirements for filing. For information on the requirements for
filing with the Board, parties should consult the Board of Immigration Appeals
Practice Manual.

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The motion must show that the failure to file a timely answer was caused by
exceptional circumstances beyond the control the practitioner or recognized
organization, such as the serious illness or the death of an immediate relative, but
not including less compelling circumstances. 8 C.F.R. § 1003.105(d)(2).
(e) Adjudication. — Except as described in subsection (g) below, if a practitioner,

or, in cases involving recognized organizations, the organization, files a timely answer,
the matter is referred to an Immigration Judge or Administrative Law Judge who will act
as the adjudicating official in the disciplinary proceedings. An Immigration Judge cannot
adjudicate a matter in which he or she filed the complaint or which involves a practitioner
who regularly appears in front of that Immigration Judge.
(i) Adjudication without hearing. — If the practitioner or recognized

organization files a timely answer without a request for a hearing, the adjudicating
official provides the parties with the opportunity to file briefs and evidence to
support or refute any of the charges or affirmative defenses, and the matter is
adjudicated without a hearing.
(ii) Adjudication with hearing. — If the practitioner or recognized

organization files a timely answer with a request for a hearing, a hearing is
conducted as described in subsections (A) through (E), below.
(A) Timing and location. — The time and place of the hearing is
designated with due regard to all relevant factors, including the location of
the practitioner’s practice or residence or, in the case of a recognized
organization, the location of the recognized organization, and the
convenience of witnesses. The practitioner or the recognized organization
is afforded adequate time to prepare the case in advance of the hearing.
(B) Representation. — The practitioner or, in cases involving

recognized organizations, the organization, may be represented by counsel
at no expense to the government.
(C) Pre-hearing conferences. — Pre-hearing conferences may be

held to narrow issues, obtain stipulations between the parties, exchange
information voluntarily, or otherwise simplify and organize the proceeding.
(D) Timing of submissions. — Deadlines for filings in disciplinary

proceedings are as follows, unless otherwise specified by the adjudicating
official. Filings must be submitted at least thirty (30) days in advance of the

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hearing. Responses to filings that were submitted in advance of a hearing

must be filed within fifteen (15) days after the original filing.
(E) Conduct of hearing. — At the hearing, each party has a

reasonable opportunity to present evidence and witnesses, to examine and
object to the other party’s evidence, and to cross-examine the other party’s
witnesses.
(iii) Decision. — In rendering a decision, the adjudicating official considers

the complaint, the preliminary inquiry report, the Notice of Intent to Discipline, the
practitioner’s, or, in cases involving recognized organizations, the organization’s,
answer, pleadings, briefs, evidence, any supporting documents, and any other
materials.
(iv) Sanctions authorized. — A broad range of sanctions are authorized,

including disbarment from immigration practice, suspension from immigration practice,
and public or private censure. 8 C.F.R. § 1003.101(a).
The Executive Office for Immigration Review is also authorized to impose

sanctions against a recognized organization, including revocation, termination, and such
other sanctions as deemed appropriate. 8 C.F.R. § 1003.110.
(v) Appeal. — The decision of the adjudicating official may be appealed to

the Board of Immigration Appeals. A party wishing to appeal must file a Notice of
Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary
Case (Form EOIR-45). See Chapter 11.2 (Obtaining Blank Forms), Appendix E
(Forms). The Form EOIR-45 is specific to disciplinary proceedings. The Form
EOIR-45 must be received by the Board no later than 30 calendar days after the
adjudicating official renders an oral decision or mails a written decision.
Parties should note that, on appeal, the Board may increase the sanction
imposed by the adjudicating official. See Matter of Gadda, 23 I&N Dec. 645 (BIA
2003).
(f) Where to file documents. — Documents in disciplinary proceedings should be

filed as described below.
(i) Board of Immigration Appeals. — When disciplinary proceedings are

pending before the Board of Immigration Appeals, documents should be filed with
the Board. For the Board’s mailing address, parties should consult the Board of
Immigration Appeals Practice Manual, which is available on the Executive Office

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for Immigration Review website at www.justice.gov/eoir. Examples of when to file

documents with the Board include:
o after the filing of a Notice of Intent to Discipline, but before an

adjudicating official is appointed to the case
o after a default order has been entered
o after an appeal has been filed
(ii) Adjudication. — When disciplinary proceedings are pending before an

adjudicating official, documents should be sent to:

Attn: Chief Clerk of the Immigration Court
(g) Summary disciplinary proceedings. — Summary disciplinary proceedings

are held in cases where a petition for immediate suspension has been filed. See (c)(i),
above. A preliminary inquiry report is not required to be filed with the Notice of Intent to
Discipline (NID) in summary disciplinary proceedings.
These proceedings are conducted as described above, except that for the case to
be referred to an adjudicating official, the practitioner must demonstrate in the answer to
the NID that there is a material issue of fact in dispute or that certain special
considerations are present. If the practitioner’s answer meets this requirement,
disciplinary proceedings are held as described in subsections (d) through (f), above. If
the practitioner fails to meet this requirement, the Board issues an order imposing
discipline. For additional information, see 8 C.F.R. §§ 1003.103(b), 1003.106(a).
10.8 Notice to Public
(a) Disclosure generally authorized. — In general, action taken on a Notice of

Intent to Discipline may be disclosed to the public. See 8 C.F.R. § 1003.108(c).
(b) Lists of disciplined practitioners. — Lists of practitioners who have been

disbarred, suspended, or publicly censured are posted at the Immigration Courts, at the

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Board of Immigration Appeals, and on the Executive Office for Immigration Review
website at www.justice.gov/eoir. These lists are updated periodically.
10.9 Effect on Practitioner’s Pending Immigration Cases
(a) Duty to advise clients. — A practitioner or recognized organization that is

disciplined is obligated to advise all clients whose cases are pending before the
Immigration Courts, the Board of Immigration Appeals, or the Department of Homeland
Security that the practitioner or recognized organization has been disciplined.
(b) Pending cases deemed unrepresented. — Once a practitioner has been

expelled or suspended, the practitioner’s pending cases are deemed unrepresented. The
Immigration Court rejects filings that are submitted by a practitioner after he or she has
been expelled or suspended. See Chapter 3.1(d) (Defective filings).
(c) Ineffective assistance of counsel. — The imposition of discipline on a

practitioner does not, by itself, constitute evidence of ineffective assistance of counsel in
the practitioner’s former cases.
(d) Filing deadlines. — An order of practitioner or recognized organization

discipline does not automatically excuse parties from meeting any applicable filing
deadlines.
10.10 Reinstatement
(a) Following suspension. — Following a suspension, reinstatement is not

automatic. With exceptions for accredited representatives specified in subsection (d)
below, to be reinstated following a suspension, a practitioner must:
o file a motion with the Board of Immigration Appeals requesting to be

reinstated;
o show that he or she is an attorney or representative as defined in 8 C.F.R.

§§ 1001.1(f) and 1001.1(j), respectively; and
o serve a copy of the motion on the EOIR Disciplinary Counsel and the DHS
Disciplinary Counsel.
8 C.F.R. § 1003.107(a)(1).

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The Executive Office for Immigration Review Disciplinary Counsel or the DHS
Disciplinary Counsel may file a written response, including supporting documents or
evidence, objecting to reinstatement on the ground that the practitioner failed to comply
with the terms of the suspension. 8 C.F.R. § 1003.107(a)(2). Failure to meet the definition
of an attorney or accredited representative will result in the request for reinstatement
being denied. 8 C.F.R. § 1003.107(b)(3). If the practitioner failed to comply with the
terms of the suspension, the Board will deny the motion and indicate the circumstances
under which reinstatement may be sought.
(b) During suspension for more than one year. — A practitioner suspended for
more than one year may file a petition for reinstatement with the Board of Immigration
Appeals after one year has passed or one-half of the suspension has elapsed, whichever
is greater. The practitioner must serve a copy of the petition on the Executive Office for
Immigration Review disciplinary counsel. In the petition, the practitioner must show that:
o he or she is an attorney or representative as defined in 8 C.F.R. §§ 1001.1(f)

and 1001.1(g), respectively;
o he or she possesses the moral and professional qualifications required to

appear before the Board, the Immigration Courts, or DHS; and
o his or her reinstatement will not be detrimental to the administration of

justice.
8 C.F.R. § 1003.107(b).
The Board has the discretion to hold a hearing to determine if the practitioner
meets all of the requirements for reinstatement. If the Board denies a petition for
reinstatement, the practitioner is barred from filing a subsequent petition for reinstatement
for one year from the date of denial.
(c) If disbarred. — A practitioner who has been disbarred may file a petition for
reinstatement with the Board of Immigration Appeals after one year has passed, under
the provisions described in subsection (b), above.
(d) Accredited representatives. —
(i) Suspended. — When an accredited representative is suspended past

the expiration of the period of accreditation, the representative may not seek
reinstatement. After the representative’s suspension period has expired, a new

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request for accreditation may be submitted by the recognized organization

pursuant to 8 C.F.R. §§ 1003.107(c)(1), 1292.13).
(ii) Disbarred. — An accredited representative who has been disbarred

may not seek reinstatement. 8 C.F.R. § 1003.107(c)(2).
(e) Cases pending at reinstatement. — Suspension or disbarment terminates

representation. A practitioner reinstated to immigration practice who wishes to represent
clients before the Immigration Court, the Board of Immigration Appeals, or the
Department of Homeland Security must enter a new appearance in each case, even if he
or she was the practitioner at the time that discipline was imposed. See Chapter 2.3(c)
(Appearances).

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Practice Manual Forms
Chapter 11 Forms
11.1 Forms Generally
There is an official form that must be used to:
o appear as a representative — see Chapter 2.1(b) (Entering an

appearance)
o report a change of address — see Chapter 2.2(c) (Address

obligations)
o request most kinds of reliefs — see 8 C.F.R. parts 299, 1299
o file an appeal — see Chapter 6 (Appeals of

Immigration Judge Decisions)
o request a fee waiver on appeal — see Chapter 3.4 (Filing Fees)
There is an official form that should be used to:
o file a practitioner complaint — see Chapter 10.5 (Filing a

Complaint)
There is no official form to:
o file a motion — see Chapter 5.2(b) (Form)
o file a FOIA request — see Chapter 12 (Freedom of

Information Act)
11.2 Obtaining Blank Forms
(a) Identifying EOIR forms. — Many forms used by the Executive Office for
Immigration Review (EOIR) do not appear in the regulations. All of the EOIR forms most
commonly used by the public are identified in this manual. See Appendix E (Forms).
Form names and numbers can be obtained from the Immigration Courts and the Clerk’s
Office of the Board of Immigration Appeals. See Appendix A (Immigration Court
Addresses), Appendix B (EOIR Directory).

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(b) Obtaining EOIR forms. — Appendix E (Forms) contains a list of frequently

requested forms and information on where to obtain them. In general, EOIR forms are
available from the following sources:
o the EOIR website at www.justice.gov/eoir
o the Immigration Courts
o the Clerk’s Office of the Board of Immigration Appeals
o certain Government Printing Office Bookstores
Parties should be sure to use the most recent version of each form, which will be available
from the sources listed here.
(c) Obtaining DHS forms.— In general, DHS forms are available at

www.uscis.gov.
(d) Photocopied forms. — Photocopies of blank EOIR forms may be used,

provided that they are an accurate duplication of the government-issued form and are
printed on the correct size and stock of paper. See 8 C.F.R. §§ 299.4(a), 1299.1. The
filing party is responsible for the accuracy and legibility of the form. The paper used to
photocopy the form should also comply with Chapter 3.3(c)(v) (Paper size and document
quality). The most recent version of the form must be used and is available from the
sources listed in subsection (b), above.
For the forms listed in subsection (f), below, the use of colored paper is strongly
encouraged, but not required.
(e) Computer-generated forms. — Computer-generated versions of EOIR forms

may be used, provided that they are an accurate duplication of the government-issued
form and are printed on the correct size and stock of paper. See 8 C.F.R. §§ 299.4(a),
1299.1. The filing party is responsible for the accuracy and legibility of the form. The
paper used to photocopy the form should also comply with Chapter 3.3(c)(v) (Paper size
and document quality). The most recent version of the form must be used and is available
from the sources listed in subsection (b), above.
At this time, only the Notice of Entry of Appearance as Attorney or Representative

before the Immigration Court (Form EOIR-28) can be filed electronically with the
Immigration Court. See Chapters 3.1(a)(viii) (E-filing), 2.1(b) (Entering an appearance).

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For the forms listed in subsection (f), below, when filing a paper form, the use of
colored paper is strongly encouraged, but not required.
(f) Form colors. — Forms are no longer required to be filed on paper of a specific
color. However, the use of colored paper for the forms listed below is strongly
encouraged. Any submission that is not a form must be on white paper.
blue — EOIR-26 (Notice of Appeal / Immigration

Judge Decision)
tan — EOIR-26A (Appeal Fee Waiver
Request)
yellow — EOIR-27 (Notice of Appearance before
the Board of Immigration Appeals)
green — EOIR-28 (Notice of Appearance before
the Immigration Court)
pink — EOIR-29 (Notice of Appeal / DHS
decision)
pink — EOIR-33/BIA (Change of Address /
Board of Immigration Appeals)
blue — EOIR-33/IC (Change of Address /
Immigration Court)
11.3 Submitting Completed Forms
Completed forms must comply with the signature requirements in Chapter 3.3(b)
(Signatures).
11.4 Additional Information
For further information on filing requirements, see Chapter 3 (Filing with the
Immigration Court). See also Chapters 5 (Motions before the Immigration Court), 6
(Appeals of Immigration Judge Decisions), 8 (Stays), 9 (Detention and Bond), 10
(Discipline of Practitioners), 12 (Freedom of Information Act).

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Practice Manual Freedom of Information Act (FOIA)
Chapter 12 Freedom of Information Act (FOIA)
12.1 Generally
The Freedom of Information Act (FOIA) provides the public with access to federal
agency records, with certain exceptions. See 5 U.S.C. § 552. The Executive Office for
Immigration Review, Office of the General Counsel, responds to FOIA requests for
Immigration Court records. See Appendix B (EOIR Directory).
12.2 Requests
For detailed guidance on how to file a FOIA request, individuals requesting

information under the Freedom of Information Act should consult the Executive Office for
Immigration Review (EOIR) website at www.justice.gov/eoir or contact the EOIR FOIA
unit. See Appendix B (EOIR Directory). General guidelines are as follows.
(a) Who may file. —
(i) Parties. —
(A) Inspecting the record. — Parties to an Immigration Court

proceeding, and their legal representatives, may inspect the official record
of proceedings by prior arrangement with Immigration Court staff. A FOIA
request is not required. See Chapter 1.6(c) (Records).
(B) Obtaining copies of the record. — As a general rule, parties

may only obtain a copy of the record of proceedings by filing a FOIA request.
See subsection (b), below. However, in limited instances, Immigration
Court staff have the discretion to provide a party with a copy of the record
or portion of the record, without a FOIA request. See Chapter 1.6(c)
(Records).
(ii) Non-parties. — Persons who are not a party to a proceeding before an

Immigration Court must file a FOIA request with the EOIR Office of the General
Counsel if they wish to see or obtain copies of the record of proceedings. See
subsection (b), below.
(b) How to file. —

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(i) Form. — FOIA requests must be made in writing. See 28 C.F.R. § 16.1
et seq. The Executive Office for Immigration Review (EOIR) does not have an
official form for filing FOIA requests. The Department of Homeland Security
Freedom of Information /Privacy Act Request (Form G-639) should not be used to
file such requests. For information on where to file a FOIA request, see Appendix
B (EOIR Directory).
(ii) Information required. — Requests should thoroughly describe the

records sought and include as much identifying information as possible regarding
names, dates, subject matter, and location of proceedings. For example, if a
request pertains to an alien in removal proceedings, the request should contain
the full name and alien registration number (“A number”) of that alien. The more
precise and comprehensive the information provided in the FOIA request, the
better and more expeditiously the request can be processed.
(iii) Fee. — No fee is required to file a FOIA request, but fees may be
charged to locate, review, and reproduce records. See 28 C.F.R. § 16.3(c).
(iv) Processing times. — Processing times for FOIA requests vary

depending on the nature of the request and the location of the records.
(c) When to file. —
(i) Timing. — A FOIA request should be filed as soon as possible,

especially when a party is facing a filing deadline.
(ii) Effect on filing deadlines. — Parties should not delay the filing of an
application, motion, brief, appeal, or other document while awaiting a response to
a FOIA request. Non-receipt of materials requested pursuant to FOIA does not
excuse a party’s failure to meet a filing deadline.
(d) Limitations. —
(i) Statutory exemptions. — Certain information in agency records, such

as classified material and information that would cause a clearly unwarranted
invasion of personal privacy, is exempted from release under FOIA. See 5 U.S.C.
§ 552(b)(1)-(9). Where appropriate, such information is redacted (i.e., removed or
cut out), and a copy of the redacted record is provided to the requesting party. If
material is redacted, the reasons for the redaction are indicated.

February 20, 2020
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(ii) Agency’s duty. — The FOIA statute does not require the Executive
Office for Immigration Review, its Office of the General Counsel, or the Immigration
Courts to perform legal research, nor does it entitle the requesting person to copies
of documents that are available for sale or on the internet.
(iii) Subject’s consent. — When a FOIA request seeks information that is

exempt from disclosure on the grounds of personal privacy, the subject of the
record must consent in writing to the release of the information.
12.3 Denials
If a FOIA request is denied, either in whole or in part, the requesting party may
appeal the decision to the Office of Information and Privacy, Department of Justice.
Information on how to appeal a denial of a FOIA request is available on the Office of
Information and Privacy website at www.justice.gov/oip. The rules regarding FOIA
appeals can be found at 28 C.F.R. § 16.9.

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Practice Manual Other Information
Chapter 13 Other Information
13.1 Reproduction of the Practice Manual
The Practice Manual is a public document and may be reproduced without

advance authorization from the Executive Office for Immigration Review.
13.2 Online Access to the Practice Manual
The most current version of the Practice Manual is available at the Executive Office
for Immigration Review website at www.justice.gov/eoir. Questions regarding online
access to the Practice Manual should be addressed to the Law Library and Immigration
Research Center. See Appendix B (EOIR Directory).
13.3 Updates to the Practice Manual
The Practice Manual is updated periodically. The date of the most recent update
is indicated at the bottom of each page. Parties should make sure to consult the most
recent version of the Practice Manual, which is posted online at the Executive Office for
13.4 Public Input
(a) Practice Manual. — The Executive Office for Immigration Review welcomes
and encourages the public to provide comments on the Practice Manual. In particular,
the public is encouraged to identify errors or ambiguities in the text and to propose
revisions for future editions.
Correspondence regarding the Practice Manual should be addressed to:

The public is asked not to combine comments regarding the Immigration Court
Practice Manual with other inquiries, including inquiries regarding specific matters
pending before the Immigration Courts.

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Practice Manual Other Information
(b) Regulations and Published Rules. — Periodically, the Executive Office for
Immigration Review issues new regulations. New regulations are published in the
Federal Register, which is available online at www.ofr.gov, in most law libraries, and in
many public libraries. The public is encouraged to submit comments on proposed
regulations. Comments may be submitted at www.regulations.gov or as directed in the
Federal Register.

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Immigration Court
Practice Manual Appendix A
APPENDIX A
Immigration Court Addresses
Arizona
Eloy 1705 E. Hanna Rd., Suite 366 Phoenix 250 N. 7th Avenue #300
Eloy, AZ 85131 Phoenix, AZ 85007
(520) 466-3671 (602) 640-2747
Florence 3260 N. Pinal Parkway Ave. Tucson 300 West Congress, Suite 300
Florence, AZ 85132 Tucson, AZ 85701
(520) 868-3341 (520) 670-5212
California
Adelanto Adelanto Detention Facility Otay Mesa 7488 Calzada de la Fuente
10250 Rancho Road, Suite 201A San Diego, CA 92154
Adelanto, CA 92301 (619) 661-5600
760-561-6500
Mailing address:
Imperial 2409 La Brucherie Rd. P.O. Box 438150
Imperial, CA 92251 San Ysidro, CA 92143-8150
(760) 370-5200
Sacramento John Moss Federal Building
Los Angeles - 606 S. Olive St., 15th Floor 650 Capitol Mall, Suite. 4-200
Olive Street Los Angeles, CA 90014 Sacramento, CA 95814
(213) 894-2811 (916) 447-9301
Los Angeles - 300 North Los Angeles Street San Diego 401 West "A" St., Suite 800
N. Los Room 4330 San Diego, CA 92101
Angeles St Los Angeles, CA 90012 (619) 557-6052
(213) 576-4701
San Francisco 100 Montgomery St., Suite 800
Los Angeles - 6230 Van Nuys Blvd. San Francisco, CA 94104
Van Nuys 3rd Floor, Suite 300 (415) 705-4415
Boulevard Los Angeles, CA 91401
(818) 904-5200 San Francisco (Detained)
630 Sansome Street
4th Floor, Room 475
San Francisco, CA 94111
(415) 705-1033

February 20, 2020
A-1
Immigration Court
Colorado
Aurora 3130 N. Oakland Street Denver 1961 Stout Street, Suite 3103
Aurora, CO 80010 Denver, CO 80294
(303) 361-0488 (303) 844-5815
Connecticut
Hartford AA Ribicoff Federal Bldg. & Courthouse

450 Main St., Room 628
Hartford, CT 06103-3015
(860) 240-3881
Florida
Miami One Riverview Square Orlando 3535 Lawton Road, Suite 200
333 S. Miami Ave., Suite 700 Orlando, FL 32803
Miami, FL 33130 (407) 722-8900
(305) 789-4221
Miami Krome Krome North Processing Center

(Detained) 18201 SW 12th St., Bldg. #1, Suite C
Miami, FL 33194
(786) 422-8700
Georgia
Atlanta - 180 Ted Turner Dr SW, Suite 241 Stewart 146 CCA Road
Ted Turner Atlanta, GA 30303 PO Box 248
Drive (404) 331-0907 Lumpkin, GA 31815
(229) 838-1320
Atlanta - Peachtree Summit Federal Building
W. Peachtree 401 W. Peachtree Street NW,
Street Ste. 2600
Atlanta, GA 30308
(404) 554-9400

February 20, 2020
A-2
Immigration Court
Hawaii
Honolulu PJKK Federal Bldg.

300 Ala Moana Blvd.
Room 8-112
Honolulu, HI 96850
(808) 541-1870
Illinois
Chicago 525 West Van Buren Street

Suite 500
Chicago, IL 60607
(312) 697-5800
Chicago (Detained)
536 Clark St, Suite 340
Chicago, IL 60605
(312) 294-8400
Kentucky
Louisville Location is temporarily closed.
Filings accepted at the Memphis

Immigration Court:
Brinkley Plaza
80 Monroe Ave., Suite 501
Memphis, TN 38103
(901) 528-5883
Louisiana
LaSalle 830 Pine Hill Road Oakdale 1900 E. Whatley Rd.

PO Box 2179 Oakdale, LA 71463
Jena, LA 71342 (318) 335-0365
(318) 335-6880
New Orleans One Canal Place

365 Canal St., Suite 500
New Orleans, LA 70130
(504) 589-3992

February 20, 2020
A-3
Immigration Court
Maryland
Baltimore George Fallon Federal Bldg.

31 Hopkins Plaza, Room 440
Baltimore, MD 21201
(410) 962-3092
Massachusetts
Boston JFK Federal Bldg.

15 New Sudbury St., Room 320
Boston, MA 02203
(617) 565-3080
Michigan
Detroit P.V. McNamara Federal Bldg.

477 Michigan Ave., Suite 440
Detroit, MI 48226
(313) 226-2603
Minnesota
Bloomington Bishop Henry Whipple Federal Building

1 Federal Drive, Suite 1850
Fort Snelling, MN 55111
(612) 725-3765
Missouri
Kansas City 2345 Grand Blvd., Suite 525

Kansas City, MO 64108
(816) 581-5000

February 20, 2020
A-4
Immigration Court
Nebraska
Omaha 1717 Avenue H, Suite 100

Omaha, NE 68110
(402) 348-0310
Nevada
Las Vegas 110 North City Parkway, Suite 400

Las Vegas, NV 89106
(702) 458-0227
New Jersey
Elizabeth 625 Evans St., Room 148A Newark 970 Broad St., Room 1200
Elizabeth, NJ 07201 Newark, NJ 07102
(908) 787-1355 (973) 645-3524
New Mexico
Otero 26 McGregor Range Rd.,

Door #1
Chaparral, NM 88081
(575) 824-8900
New York
Batavia 4250 Federal Drive New York - 26 Federal Plaza

Room F108 Federal Plaza 12th Floor, Room 1237
Batavia, NY 14020 New York, NY 10278
(585) 345-4300 (917) 454-1040
Buffalo 130 Delaware Ave., Suite 300 Ulster Ulster Correctional Facility
Buffalo, NY 14202 Berme Road
(716) 551-3442 P.O. Box 800
Napanoch, NY 12458
(845) 647-2223

February 20, 2020
A-5
Immigration Court
New York
Fishkill Downstate Correctional Facility New York - 201 Varick St.
121 Red Schoolhouse Rd. Varick Street 5th Floor, Room 507
Fishkill, NY 12524 New York, NY 10014
(845) 838-5700 (646) 638-5766
New York - 290 Broadway, Suite 2900

Broadway New York, NY 10057
(212) 240-4900
North Carolina
Charlotte 5701 Executive Center Dr., Suite 400

Charlotte, NC 28212
(704) 817-6140
Northern Mariana Islands
Saipan Marina Heights II Building, Suite 301

Marina Heights Business Park
Saipan, MP 96950
(670) 322-0601
Ohio
Cleveland 801 W. Superior Ave.
Suite 13 - 100
Cleveland, OH 44113
(216) 802-1100
Oregon
Portland 1220 SW 3rd Ave., Suite 500

Portland, OR 97204
(503) 326-6341

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Immigration Court
Pennsylvania
Philadelphia Robert Nix Federal Bldg & York 3400 Concord Rd., Suite 2
Courthouse York, PA 17402
900 Market Street, Suite 504 (717) 755-7555
Philadelphia, PA 19107
(215) 656-7000 Mailing Address:
P.O. Box 20370
York, PA 17402
Puerto Rico
San Juan San Patricio Office Center

#7 Tabonuco St., Room 401
Guaynabo, PR 00968-4605
(787) 749-4386
Tennessee
Memphis Brinkley Plaza

80 Monroe Ave., Suite 501
Memphis, TN 38103
(901) 528-5883

February 20, 2020
A-7
Immigration Court
Texas
Conroe 806 Hilbig Road Houston - 8701 S. Gessner Road
Conroe, TX 77301 S. Gessner Rd 10th Floor
(936) 520-5400 Houston, TX 77074
(713) 995-3900
Dallas 1100 Commerce St., Suite 1060
Dallas, TX 75242 Pearsall 566 Veterans Drive
(214) 767-1814 Pearsall, TX 78061
(210) 368-5700
El Paso 700 E. San Antonio Ave., Suite 750
El Paso, TX 79901 Port Isabel Port Isabel Processing Center
(915) 534-6020 27991 Buena Vista Blvd.
Los Fresnos, TX 78566
El Paso SPC Service Processing Center (956) 254-5700
8915 Montana Ave., Suite 100
El Paso, TX 79925 Mailing Address:
(915) 771-1600 27991 Buena Vista Blvd.
Los Fresnos, TX 78566
Harlingen 2009 West Jefferson Ave., Suite 300
Harlingen, TX 78550 San Antonio 800 Dolorosa St., Suite 300
(956) 427-8580 San Antonio, TX 78207
(210) 472-6637
Houston Continental Center II
1801 Smith Street, 9th Floor San Antonio (Annex)
Houston, TX 77002 106 S. St. Mary’s St
(713) 718-3870 Suite 600
San Antonio, TX 78205
Houston (Annex) (210) 230-9507
1919 Smith Street
6th and 14th Floors
Houston, TX 77002
6th Floor: 713-751-1514
14th Floor: 713-751-1500
Utah
Salt Lake City 2975 South Decker Lake Drive, Suite 200
West Valley City, UT 84119
(801) 524-3000

February 20, 2020
A-8
Immigration Court
Virginia
Arlington 1901 South Bell Street, Suite 200 Falls Church 5107 Leesburg Pike
Arlington, VA 22202 Immigration Falls Church, VA 22041
(703) 603-1300 Adjudication
Center
Washington
Seattle 1000 Second Ave., Suite 2500 Tacoma 1623 East J St., Suite 3
Seattle, WA 98104 Tacoma, WA 98421
(206) 553-5953 (253) 779-6020

February 20, 2020
A-9
Immigration Court
Practice Manual Appendix B
APPENDIX B
EOIR Directory
EOIR Website EOIR eRegistry Automated Case Information

www.justice.gov/eoir Technical Assistance Hotline
eRegistration.support@usdoj.gov (800) 898-7180
(304) 625-2050
24 hours, 7 days a week

(703) 305-1247
8:00 a.m. to 5:00 p.m., Monday - Friday, except holidays
Practice Manual Comments Concerns/Complaints about Immigration

United States Department of Justice Judge Conduct www.justice.gov/eoir
Executive Office for Immigration Review Judicial.conduct@usdoj.gov
Board of Immigration Appeals

For addresses, see the Board of Immigration Appeals Practice Manual
Clerk’s Office Emergency Stay Information

(703) 605-1007 (703) 605-1007
8:00 a.m. to 4:30 p.m. 24 hours, 7 days a week
Monday - Friday, except holidays
Oral Argument Coordinator Emergency Stay Coordinator

(703) 605-1007 (703) 306-0093
8:00 a.m. to 4:30 p.m. 9:00 a.m. to 5:30 p.m.
Monday - Friday, except holidays Monday – Friday, except holidays
Telephonic Instructions and

Procedures System (BIA TIPS)
(703) 605-1007
24 hours, 7 days a week

February 20, 2020
B-1
Immigration Court

Falls Church, VA 22041 (703) 305-0470
EOIR Fraud and Abuse Prevention Program

EOIR Disciplinary Counsel United States Department of Justice
United States Department of Justice Executive Office for Immigration Review
Executive Office for Immigration Review Office of the General Counsel
Office of the General Counsel 5107 Leesburg Pike, Suite 2600
5107 Leesburg Pike, Suite 2600 Falls Church, VA 22041
Falls Church, VA 22041 Attn: Fraud and Abuse Prevention Program
Attn: Disciplinary Counsel 1-877-388-3840
Freedom of Information Act Requests (FOIA)

Office of the General Counsel–FOIA/Privacy Act Requests
(703) 605-1297
EOIR.FOIARequests@usdoj.gov
Office of Policy, Office of Legal Access

Programs
Office of Legal Access Programs
For questions specific to recognized organizations and accredited representatives,
email R-A-Info@usdoj.gov
Office of Policy, Communications and Legislative

Affairs Division
Office of Policy
Office of Communications and Legislative Affairs
(703) 305-0289
Office of Policy, Law Library and Immigration Research Center


February 20, 2020
B-2
Immigration Court

Law Library and Immigration Research Center
(703) 605-1103
Virtual Law Library: www.justice.gov/eoir

February 20, 2020
B-3
Immigration Court
Practice Manual Appendix C
APPENDIX C
Practice Manual Organizational Chart
DEPARTMENT OF JUSTICE (DOJ)
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF IMMIGRATION

(EOIR) LITIGATION (OIL)
Office of the
Board of Office of
Office of the Chief Chief Admin.
Immigration the General
Immigration Judge Hearing
Appeals Counsel
Officer
Disciplinary
Counsel Fraud Unit FOIA Unit
Chairman and Board

Vice Chairmen Members Clerk’s Office
Chief Immigration Deputy Chief Assistant Chief Immigration

Judge Immigration Immigration Judges Courts
Judges
This chart is a general illustration of the organizational relationship between certain

components of the Department of Justice. The chart does not display all components of
offices displayed, nor does it represent their relative authority. See Chapter 1 (The
Immigration Court). These components were selected because of their practical
importance to persons appearing before the Immigration Courts and the Board of gration
Appeals.

February 20, 2020
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Immigration Court
Practice Manual Appendix D
APPENDIX D
Deadlines
This table is provided for general guidance only. To determine the particular deadlines in a
given case, parties must consult the pertinent regulations and the text of this manual. The
Immigration Judge has discretion to set deadlines for pre-decision filings.
Filing Deadline Practice

(the construction of “day” is discussed in Practice Manual
Manual Chapter 3.1(c)(i)) Chapter
alien 5 days after the alien’s change of address or 2.2(c)

telephone number
Changes of
address or
telephone representative promptly 2.3(h)
number
filings 15 days before the hearing, if requesting a ruling 3.1(b)(i)
(if alien is detained, deadline is determined by the

Filings in Immigration Court)
advance of
master responses 10 days after the filing is received by the
calendar Immigration Court
hearing
Immigration Court)
filings 15 days before the hearing 3.1(b)(ii)

Filings in Immigration Court)
advance of
individual
calendar responses 10 days after the filing is received by the
hearing Immigration Court

Immigration Court)

D-1 February 20, 2020
Immigration Court
Practice Manual Appendix D
Filing Deadline Practice

(the construction of “day” is discussed in Practice Manual
Manual Chapter 3.1(c)(i)) Chapter
defensive within one year after arrival to the United States* 3.1(b)(iii)(A)
applications
Asylum
applications
affirmative filed with DHS within one year after arrival to the 3.1(b)(iii)(B)
applications United States*
motions to 90 days after a final administrative order by the 5.7(c)

reopen Immigration Judge, with certain exceptions
motions to 30 days after a final administrative order by the 5.8(c)

reconsider Immigration Judge
Post-decision
motions
motions to 180 days after in absentia order, if based 5.9(d)(ii)(A)
reopen in on exceptional circumstances
absentia
removal order
at any time, if based on lack of proper notice 5.9(d)(ii)(B)
Deadlines for appeals to BIA 30 days after the decision was rendered orally 6.2
or mailed
* An alien filing an application for asylum should be mindful that the application must be filed within one year after the
date of the alien’s arrival in the United States, unless certain exceptions apply. INA § 208(a)(2)(B), 8 C.F.R.
§ 1208.4(a)(2).

D-2 February 20, 2020
Immigration Court
Practice Manual Appendix E
APPENDIX E
Forms
This appendix contains a list of frequently requested immigration forms and the best sources
for obtaining copies of those forms.
Online copies of forms. Many forms can be downloaded or printed from the website of the
agency responsible for that form. For example, forms beginning with “EOIR-,” as well as certain
forms beginning with “I-” that are filed with the Immigration Court, can be found at
www.justice.gov/eoir under the link “EOIR Forms.” Other forms, including forms beginning with “I-,”
can be found at www.uscis.gov under the link “Immigration Forms.”
Paper copies of forms. If an immigration form is not available online, the best source for
obtaining one is the agency that is responsible for that form. The table below identifies those
agencies. (Local offices often provide forms on a walk-in basis.) Other sources for forms
include voluntary agencies (VOLAGs), public service organizations, law offices, and certain
Government Printing Office Bookstores. See 8 C.F.R. §§ 299.2, 299.3.
Reproducing forms. Forms may be photocopied, computer-generated, or downloaded, but

must comply with all requirements listed in Chapter 11.2 (Obtaining Blank Forms).
Abbreviations
AAO = Administrative Appeals Office, DHS
BIA = Board of Immigration Appeals
CIS = Citizenship and Immigration Services, DHS
EOIR = Executive Office for Immigration Review
IC = Immigration Court
IJ = Immigration Judge
OGC = Office of the General Counsel, EOIR
OLAP = Office of Legal Access Programs, EOIR

February 20, 2020
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Immigration Court
PURPOSE FORM NAME GET

FROM
accredited Form EOIR-31A Request by Organization for OLAP

representative Accreditation or Renewal of
application Accreditation of Non-Attorney
Representative
adjustment of status Form I-485 Application to Register Permanent CIS

Residence or Adjust Status
appeal of attorney Form EOIR-45 Notice of Appeal from a Decision of an IC

discipline decision Adjudicating Official in a Practitioner BIA
Disciplinary Case OGC
appeal of IJ decision Form EOIR-26 Notice of Appeal from a Decision of an IC

Immigration Judge BIA
appeal of CIS decision Form I-290B Notice of Appeal or Motion CIS

(AAO jurisdiction)
appeal of CIS decision Form EOIR-29 Notice of Appeal to the Board of CIS
(BIA jurisdiction) Immigration Appeals from a Decision
of a USCIS Officer
appearance as Form EOIR-27 Notice of Entry of Appearance as IC

representative Attorney or Representative before the BIA
(before the BIA) Board of Immigration Appeals
appearance as Form EOIR-28 Notice of Entry of Appearance as IC

representative Attorney or Representative before the
(before an IC) Immigration Court
asylum, withholding of Form I-589 Application for Asylum and for IC

removal (restriction on Withholding of Removal CIS
removal), Convention
Against Torture
attorney / representative Form EOIR-44 Immigration Practitioner Complaint IC

complaint form Form BIA
OGC
cancellation of removal Form EOIR-42B Application for Cancellation of IC

(non-permanent Removal and Adjustment of Status for
residents) Certain Nonpermanent Residents
cancellation of removal Form EOIR-42A Application for Cancellation of IC

(permanent residents) Removal for Certain Permanent
Residents

February 20, 2020
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Immigration Court
PURPOSE FORM NAME GET

FROM
change of address Form EOIR-33 Alien’s Change of Address Form / IC

(cases pending before / BIA Board of Immigration Appeals BIA
BIA)
change of address Form EOIR-33 / IC Alien’s Change of Address Form / IC

(cases pending before Immigration Court
an IC)
fee waiver Form EOIR-26A Fee Waiver Request IC

(appeals or motions BIA
motion (any kind) none There is no official form for motions n/a
filed with an IC or the BIA. Do not use
the Notice of Appeal (Form EOIR-26)
for motions.
NACARA suspension of Form I-881 Application for Suspension of CIS

deportation/special rule Deportation or Special Rule
cancellation Cancellation of Removal
recognized organization Request for New Recognition, Renewal
Form EOIR-31 OLAP
application of Recognition, Extension of
Recognition of a Non-Profit Religious,
Charitable, Social Service, or Similar
Organization
return to unrelinquished Form I-191 Application for Advance Permission to CIS
domicile Return to Unrelinquished Domicile
suspension of Form EOIR-40 Application for Suspension of IC

deportation Deportation
temporary protected Form I-821 Application for Temporary Protected CIS

status Status
visa petition Form I-140 Immigrant Petition for Alien Worker CIS
(employment-based)
visa petition Form I-130 Petition for Alien Relative CIS

(family-based)
waiver of inadmissibility Form I-601 Application for Waiver of Grounds of CIS

Inadmissibility

February 20, 2020
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Immigration Court
Practice Manual Appendix F
APPENDIX F
Sample Cover Page
A. Tourney, Esquire DETAINED

1234 Center Street
Anytown, ST 99999
Filing party. If pro se, the alien should provide his or her own Detention status. If the alien is
name and address in this location. If a representative, the detained, the word “DETAINED”
representative should provide his or her name and complete should appear prominently in the top
business address. right corner, preferably highlighted.
UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
ANYTOWN, STATE
Court. The Immigration Court location (city
) or town) and state should be provided.
In the Matters of: )
)
Jane Smith ) File Nos.: A 012 345 678

John Smith ) A 012 345 679
Jill Smith ) A 012 345 680
)
A numbers. The alien registration number of
In removal proceedings ) every person
included in the submission should be listed.
Name and type of proceeding. The full name of every person included in the submission should be listed.
Immigration Judge Susan Jones Next Hearing: September 22, 2008 at 1:00 p.m.
Name of the Immigration Judge and the date and time of the next hearing. This
information should always be listed.
RESPONDENT’S PRE-HEARING BRIEF
Filing title. The title of the submission should be placed in the middle and bottom of the page.

F-1 February 20, 2020
Immigration Court
Practice Manual Appendix G
APPENDIX G
Sample Proof of Service
Instructions:
By law, all submissions to the Immigration Court must be filed with a “Proof of Service” (or
“Certificate of Service”). See Chapter 3.2 (Service on the Opposing Party). This Appendix provides
guidelines on how to satisfy this requirement.
What is required. To satisfy the law, you must do both of the

following:
1. Serve the opposing party. Every time you file a submission with the Immigration Court,
you must give, or “serve,” a copy on the opposing party. If you are an alien in proceedings,
the opposing party is the Department of Homeland Security.
2. Give the Immigration Court a completed Proof of Service. You must submit a signed
“Proof of Service” to the Immigration Court along with your document(s). The Proof of
Service tells the Immigration Court that you have given a copy of the document(s) to the
opposing party.
Sample Proof of Service. You do not have to use the sample contained in this Appendix. You may
write up your own Proof of Service if you like. However, if you use this sample, you will satisfy the
Proof of Service requirement.
Sending the Proof of Service. When you have to supply a Proof of Service, be sure to staple or
otherwise attach it to the document(s) that you are serving.
Forms that contain a Proof of Service. Some forms, such as the Application for Cancellation of
Removal for Certain Permanent Residents (Form EOIR-42A), contain a Certificate of Service, which
functions as a Proof of Service for the form. You must complete the Certificate of Service to satisfy
the Proof of Service requirement for that form. Such a Certificate of Service only functions as a
Proof of Service for the form on which it appears, not for any supporting documents that you file with
the form. If you are filing supporting documents with a form that contains a Certificate of Service,
you must file a separate Proof of Service for those documents.
Forms that do not contain a Proof of Service. Forms that do not contain a Certificate of Service are
treated like any other document. Therefore, you must supply the Proof of Service for those forms.

G-1 February 20, 2020
Immigration Court
Practice Manual Appendix G
Sample Proof of Service
(Name of alien or aliens)
(“A number” of alien or aliens)
PROOF OF SERVICE
On , I, ,
(date) (printed name of person signing below)
served a copy of this

(name of document)
and any attached pages to

(name of party served)
at the following address:

(address of party served)
(address of party served)
by .
(method of service, for example overnight courier, hand-delivery, first class mail)
(signature) (date)

G-2 February 20, 2020
Immigration Court
Practice Manual Appendix H
APPENDIX H
Sample Certificate of Translation
All submissions to the Immigration Court, if not in the English language, must be
accompanied by a translation and certificate of translation. See Chapter 3.3(a) (Language).
CERTIFICATE OF TRANSLATION
I, , am competent to translate from

(name of translator)
into English, and certify that the
translation of
(language)
(names of documents)
is true and accurate to the best of my abilities.
(signature of translator) (typed/printed name of translator)
(address of translator)
(address of translator)
(telephone number of translator)

H-1 February 20, 2020
Immigration Court
Practice Manual Appendix I
APPENDIX I
Telephonic Information
Do you want to know the Need information on how to

status of your case before an file an appeal, motion, or
Immigration Judge or the anything else with the
Board of Immigration Appeals? Board of Immigration Appeals?
All you have to do is call the Let us give you some
Automated Case
Information Hotline BIA TIPS
(800) 898-7180 (703) 605-1007
(240) 314-1500
The Automated Case Information Call the Board of Immigration
Hotline contains information Appeals Telephonic Instructions and
regarding your case, including your Procedures System for recorded
next hearing date, asylum information on how to file an appeal,
processing, the Immigration motion, brief, change of address, and
Judge’s decision, or your case other documents with the Board.
appeal.
This service is available 24 hours a
This service is available 24 hours a day, 7 days a week.
day, 7 days a week.

I-1 February 20, 2020
Immigration Court
Practice Manual Appendix J
APPENDIX J
Citation Guidelines*
When filing papers with the Immigration Court, parties should keep in mind that accurate and
complete legal citations strengthen the argument made in the submission. This Appendix provides
guidelines for frequently cited sources of law.
The Immigration Court generally follows A Uniform System of Citation (also known as the “Blue
Book”), but diverges from that convention in certain instances. The Immigration Court appreciates
but does not require citations that follow the examples used in this Appendix. The citation categories
are:
I. Cases
II. Regulations
III. Statutes/laws
IV. Legislative history
V. Treaties and international materials
VI. Publications and communications by governmental agencies,
and
VII. Commonly cited commercial publications
Note that, for the convenience of filing parties, some of the citation formats in this Appendix are less
formal than those used in the published cases of the Board of Immigration Appeals. Once a source
has been cited in full, the objective is brevity without compromising clarity.
This Appendix concerns the citation of legal authority. For guidance on citing to the record and other
sources, see Chapter 3.3(e) (Source materials) and Chapter 4.18(d) (Citation).
As a practice, the Immigration Court prefers italics in case names and publication titles, but
underlining is an acceptable alternative.
□□□□□
* This appendix is substantially based on Appendix J (Citation Guidelines) in the Board of Immigration Appeals
Practice Manual. The Office of the Chief Immigration Judge wishes to acknowledge the efforts of all those involved
in the preparation of that appendix.

J-1 February 20, 2020
Immigration Court
I. Decisions, Briefs, and Exhibits
General guidance: Abbreviations in case names. As a general rule, well-known agency

abbreviations (e.g., DHS, INS, FBI, Dep’t of Justice) may be used in a case
name, but without periods. If an agency name includes reference to the “United
States,” it is acceptable to abbreviate it to “U.S.” However, when the “United
States” is named as a party in the case, do not abbreviate “United States.” For
example:
DHS v. Smith ..... not D.H.S. v. Smith
U.S. Dep’t of Justice v. Smith ..... not United States Department of

Justice v. Smith
United States v. Smith ..... not U.S. v. Smith
Short form of case names. After a case has been cited in full, a shortened form
of the name may be used thereafter. For example:
full: INS v. Phinpathya, 464 U.S. 183 (1984)
short: Phinpathya, 464 U.S. at 185
full: Matter of Nolasco, 22 I&N Dec. 632 (BIA 1999)
short: Nolasco, 22 I&N Dec. at 635
Citations to a specific point. Citations to a specific point should include the

precise page number(s) on which the point appears. For example:
Matter of Artigas, 23 I&N Dec. 99, 100 (BIA 2001)
Citations to a dissent or concurrence. If citing to a dissent or concurrence, this

should be indicated in a parenthetical notation. For example:
Matter of Artigas, 23 I&N Dec. 99, 109-110 (BIA 2001) (dissent)
Board decisions: Published decisions. Precedent decisions by the Board of Immigration Appeals
(“Board”) are binding on the Immigration Court, unless modified or overruled by
the Attorney General or a federal court. All precedent Board decisions are
www.justice.gov/eoir. Precedent decisions should be cited in the “I&N Dec.” form
illustrated below. The citation must identify the adjudicator (BIA, A.G., etc.) and
the year of the decision. Note that there are no spaces in “I&N” and that only

Immigration Court
“Dec.” has a period.
For example:
Matter of Balsillie, 20 I&N Dec. 486 (BIA 1992)
Unpublished decisions. Citation to unpublished decisions is discouraged

because these decisions are not binding on the Immigration Court in other cases.
When reference to an unpublished case is necessary, a copy of the decision
should be provided, and the citation should include the alien’s full name, the alien
registration number, the adjudicator, and the precise date of the decision. Italics,
underlining, and “Matter of” should not be used. For example:
Jane Smith, A 012 345 678 (BIA July 1, 1999)
“Interim Decision.” In the past, the Board issued precedent decisions in slip
opinion or “Interim Decision” form. Because all published cases are now
available in final form (as “I&N Decisions”), citations to “Interim Decisions” are
no longer appropriate and are disfavored.
“Matter of,” not “In re.” All precedent decisions should be cited as “Matter of.”
The use of “In re” is disfavored. For example: Matter of Yanez, not In re Yanez.
For a detailed description of the Board’s publication process, see Board Practice
Manual, which is available on the Executive Office for Immigration Review
IJ decisions: If referring to an earlier decision in the case by the Immigration Judge, the
decision should be cited. This applies whether the decision was issued orally or
in writing. Citations to decisions of Immigration Judges should state the nature
of the proceedings, the page number, and the date. For example:
IJ Bond Proceedings Decision at 5 (Dec. 12, 2008)
AG decisions: Precedent decisions by the Attorney General are binding on the Immigration
Court, and should be cited in accordance with the rules for precedent decisions
by the Board of Immigration Appeals. All precedent decisions by the Attorney
General are available on the Executive Office for Immigration Review website at
Matter of Y-L-, 23 I&N Dec. 270 (AG 2002)

Immigration Court
DHS decisions: Precedent decisions by the Department of Homeland Security and the former
Immigration and Naturalization Service should be cited in accordance with the
rules for precedent decisions by the Board of Immigration Appeals.
Federal & state Genera l l y. F ederal and s t ate court decisions should generally be cited
courts: according to the standard legal convention, as set out in the latest edition of
A Uniform System of Citation (also known as the “Blue Book”). For example:
INS v. Phinpathya, 464 U.S. 183 (1984)
Saakian v. INS, 252 F.3d 21 (1st Cir. 2001)
McDaniel v. United States, 142 F. Supp. 2d 219 (D. Conn. 2001)
U.S. Supreme Court. The Supreme Court Reporter citation (“S.Ct.”) should be
used only when the case has not yet been published in the United States Reports
(“U.S.”).
Unpublished cases. Citation to unpublished state and federal court cases is

discouraged. When citation to an unpublished decision is necessary, a copy of
the decision should be provided, and the citation should include the docket
number, court, and precise date. Parties are also encouraged to provide the
LexisNexis or Westlaw number. For example:
Bratco v. Mukasey, No. 04-726367, 2007 WL 4201263 (9th Cir. Nov. 29,
2007) (unpublished)
Precedent cases not yet published. When citing to recent precedent cases that
have not yet been published in the Federal Reporter or other print format, parties
should provide the docket number, court, and year. Parties are also encouraged
to provide the LexisNexis or Westlaw number. For example:
Grullon v. Mukasey, __ F.3d __, No. 05-4622, 2007 U.S. App. LEXIS 27325 (2d
Cir. 2007)
Briefs & exhibits: Text from briefs. If referring to text from a brief, the brief should be cited. The
citation should state the filing party’s identity, the nature of proceedings, the page
number, and the date. For example:
Respondent’s Bond Appeal Brief at 5 (Dec. 12, 2008)

Immigration Court
Exhibits. Exhibits designated during a hearing should be cited as they were

designated by the Immigration Judge. For example:
Exh. 3
Exhibits accompanying a brief should be cited by alphabetic tab or page

number. For example:
Respondent’s Pre-Hearing Brief, Tab A
□□□□□

Immigration Court
II. Regulations
General guidance: Regulations generally. There are two kinds of postings in the Federal Register:
those that are simply informative in nature (such as “notices” of public meetings)
and those that are regulatory in nature (referred to as “rules”). There are different
types of “rules,” including “proposed,” “interim,” and “final.” The type of rule will
determine whether or not (and for how long) the regulatory language contained
in that rule will be in effect. Generally speaking, proposed rules are not law and
do not have any effect on any case, while interim and final rules do have the
force of law and, depending on timing, may affect a given case.
Federal Register and Code of Federal Regulations. Regulations appear first in

the Federal Register (Fed. Reg.) and then in the Code of Federal Regulations
(C.F.R.). Once regulations appear in a volume of the C.F.R., do not cite to the
Federal Register unless there is a specific reason to do so (discussed below).
C.F.R.: For the Code of Federal Regulations, always identify the volume, the section
number, and the year. The year need not be given after the first citation, unless
a subsequent citation refers to a regulation published in a different year. Always
use periods in the abbreviation “C.F.R.” For example:
full: 8 C.F.R. § 1003.1 (2002)
short: 8 C.F.R. § 1003.1
Fed. Reg.: Citations to regulatory material in the Federal Register should be used only
when:
o the citation is to information that will never appear in the C.F.R.,

such as a public notice or announcement
o the rule contains regulatory language that will be, but is not yet,
in the C.F.R.
o the citation is to information associated with the rule, but which

will not appear in the C.F.R. (e.g., a preamble or introduction to
a rule)
o the rule contains proposed or past language of a regulation that

is pertinent in some way to the filing or argument

Immigration Court
The first citation to the Federal Register should always include (i) the volume, (ii)
the abbreviated form “Fed. Reg.”, (iii) the page number, (iv) the date, and (v)
important identifying information such as “proposed rule,” “interim rule,”
“supplementary information,” or the citation where the rule will appear. For
example:
full: 67 Fed. Reg. 52627 (Aug. 13, 2002) (proposed rule)
full: 67 Fed. Reg. 38341 (June 4, 2002) (to be codified at 8 C.F.R.

§§ 100, 103, 236, 245a, 274a, and 299)
short: 67 Fed. Reg. at 52627-28; 67 Fed. Reg. at 38343
Since the Federal Register does not use commas in its page numbers, do not
use a comma in page numbers. Use abbreviations for the month.
When citing the preamble to a rule, identify it exactly as it is titled in the Federal
Register, e.g., 67 Fed. Reg. 54878 (Aug. 26, 2002) (supplementary information).
□□□□□

Immigration Court
III. Statutes / Laws
General guidance: Full citations. Whenever citing a statute for the first time, be certain to include
all the pertinent information, including the name of the statute, its public law
number, statutory cite, and a parenthetical identifying where the statute was
codified (if applicable). The only exception is the Immigration and Nationality
Act, which is illustrated below.
Short citations. The use of short citations is encouraged, but only after the full
citation has been used.
Special rule for U.S.C. and C.F.R. There are two abbreviations that never need
to be spelled out: “U.S.C.” for the U.S. Code and the “C.F.R.” for the Code of
Federal Regulations. Always use periods with these abbreviations.
Special rule for the INA. Given the regularity with which the Immigration and
Nationality Act is cited before the Immigration Court, there is generally no need
to provide the Public Law Number, the Stat. citation, or U.S.C. citation. The
Immigration Court will presume INA citations refer to the current language of the
Act unless the year is provided.
State statutes. State statutes should be cited as provided in A Uniform

System of Citation (also known as the “Blue Book”).
Sections of law. Full citations are often lengthy, and filing parties are sometimes
uncertain where to put the section number in the citation. For the sake of
simplicity, use the word “section” and give the section number in front of the full
citation to the statute. Once a full citation has been given, use the short citation
form with a section symbol “§.” This practice applies whether the citation is used
in a sentence or after it. For example:
The definition of the term “alien” in section 101(a)(3) of the Immigration and
Nationality Act applies to persons who are not citizens or nationals of the
United States. The term “national of the United States” is expressly defined
in INA § 101(a)(22), but the term “citizen” is more complex. See INA §§ 301-
309, 316, 320.

Immigration Court
USC: Citations to the United States Code, always identify the volume, the section
number, and the year. The year need not be given after the first citation, unless
a subsequent citation refers to a section published in a different year. Always
use periods in the abbreviation “U.S.C.” For example:
full: 18 U.S.C. § 16 (2006)
short: 18 U.S.C. § 16
INA: full: section xxx of Immigration and Nationality Act
short: INA § xxx
USA PATRIOT: full: section xxx of Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of
2001, Pub. L. No. 107-56, 115 Stat. 272
short: USA PATRIOT Act § xxx
LIFE: full: section xxx of Legal Immigration and Family Equity Act, Pub. L. No. 106-
553, 114 Stat. 2762 (2000), amended by Pub. L. No. 106-554, 114 Stat. 2763
(2000)
short: LIFE Act § xxx
CCA: full: section xxx of Child Citizenship Act of 2000, Pub. L. No. 106-395, 114 Stat.
1631
short: CCA § xxx
NACARA: full: section xxx of Nicaraguan Adjustment and Central American Relief Act, Pub.
L. No. 105-100, tit. II, 111 Stat. 2193 (1997), amended by Pub. L. No. 105-139,
111 Stat. 2644 (1997)
short: NACARA § xxx

Immigration Court
IIRIRA: full: section xxx of Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, Division C of Pub. L. No. 104-208, 110 Stat. 3009-546
short: IIRIRA § xxx
AEDPA: full: section xxx of Antiterrorism and Effective Death Penalty Act, Pub. L. No. 104-
132, 110 Stat. 1214
short: AEDPA § xxx
INTCA: full: section xxx of Immigration and Nationality Technical Corrections Act of 1994,
Pub. L. No. 103-416, 108 Stat. 4305, amended by Pub. L. No. 105-38, 11 Stat.
1115 (1997)
short: INTCA § xxx
MTINA: full: section xxx of Miscellaneous and Technical Immigration and

Naturalization Amendments of 1991, Pub. L. No. 102-232, 105 Stat. 1733
short: MTINA § xxx
IMMACT90: full: section xxx of Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978
short: IMMACT90 § xxx
ADAA: full: section xxx of Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690, 102 Stat.
4181
short: ADAA § xxx
IMFA: full: section xxx of Immigration Marriage Fraud Amendments of 1986, Pub. L.
No. 99-639, 100 Stat. 3537
short: IMFA § xxx

Immigration Court
IRCA: full: section xxx of Immigration Reform and Control Act of 1986, Pub. L. No. 99-
603, 100 Stat. 3359
short: IRCA § xxx
IRFA: full: section xxx of International Religious Freedom Act of 1988, Pub. L. No. 105-
292, 112 Stat. 2787
short: IRFA § xxx
□□□□□

Immigration Court
IV. Legislative History
General guidance: Difficult to locate. Because sources of legislative history are often difficult to
locate, err on the side of providing more information, rather than less. If a source
is difficult to locate, include a copy of the source with your filing (or an Internet
address for it) and make clear reference to that source in your filing.
Sources. To locate legislative history, try the Library of Congress website

(www.thomas.loc.gov) or commercial services. Citation to common electronic
sources is encouraged.
Bills: Provide the following information the first time a bill is cited: (i) the bill number,
(ii) the number of the Congress, (iii) the session of that Congress, (iv) the section
number of the bill, if you are referring to a specific section, (v) the Congressional
Record volume, (vi) the Congressional Record page or pages, (vii) the date of
that Congressional Record, and (viii) the edition of the Congressional Record, if
known. For example:
full: S. 2104, 100th Cong., 2d Sess. § 102, 134 Cong. Rec. 2216 (daily ed.
Mar. 15, 1988)
short: 134 Cong. Rec. at 2218
Reports: Provide the following information the first time a report is cited: (i) whether
it is a Senate or House report, (ii) the report number, (iii) the year, and (iv) where
it is reprinted (a reference to where the document is available electronically is
acceptable). The short form may refer either to the page numbers of the report
or the page numbers where the report is reprinted. For example:
full: H.R. Conf. Rep. No. 104-828 (1996), available in 1996 WL 563320
short: H.R. Conf. Rep. No. 104-828, at 5
full: S. Rep. No. 98-225 (1983), reprinted in 1984 U.S.C.C.A.N. 3182
short: 1984 U.S.C.C.A.N. at 3183
Many committee reports are available on-line through the Library of Congress
web site (www.thomas.loc.gov) or commercial services. Copies of the U.S. Code
Congressional & Administrative News (U.S.C.C.A.N.), which compiles many
legislative documents, are available in some public libraries.

Immigration Court
Hearings: Provide the following information the first time a hearing is cited: (i) name of the
hearing, (ii) the committee or subcommittee that held it, (iii) the number of the
Congress, (iv) the session of that Congress, (v) the page or pages of the hearing,
(vi) the date or year of the hearing, and (vii) information about what is being cited
(such as the identity of the person testifying and context for the testimony). For
example:
Operations of the Executive Office for Immigration Review (EOIR): Hearing

before the Subcomm. on Immigration and Claims of the House Comm. on
the Judiciary, 107th Cong., 2d Sess. 19 (2002) (testimony of EOIR Director)
□□□□□

Immigration Court
V. Treaties and International Materials
CAT: full: Article 3 of the United Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Dec. 10, 1984, S. Treaty Doc. No. 100-20 (1988)
short: Convention Against Torture, art. 3
UNHCR Handbook: full: Office of the United Nations High Commissioner for Refugees,
Handbook on Procedures and Criteria for Determining Refugee Status
Under the 1951 Convention and the 1967 Protocol Relating to the Status
of Refugees (Geneva 1992)
short: UNHCR Handbook ¶ xxx

[use paragraph symbol “¶” or abbreviation “para.”]
U.N. Protocol full: Article xxx of the United Natio n s Protocol Relating to the Status
on Refugees: of Refugees, Jan. 31, 1967, [1968] 19 U.S.T. 6223
short: U.N. Refugee Protocol, art. xxx
□□□□□

Immigration Court
VI. Publications and Communications by Governmental

Agencies
General guidance: No universal citation form. In immigration proceedings, parties cite to a wide
variety of administrative agency publications and communications, and there is
no one format that fits all such documents. For that reason, use common sense
when citing agency documents, and err on the side of more information, rather
than less.
Difficult to locate material. If the document may be difficult for the Immigration
Court to locate, include a copy of the document with your filing.
Internet material. If a document is posted on the Internet, identify the website

where the document can be found or include a copy of the document with a
legible Internet address.
Practice Manual: The Immigration Court Practice Manual is not legal authority. However, if there
is reason to cite it, the preferred form is to identify the specific provision by
chapter and section along with the date at the bottom of the page on which the
cited section appears. For example:
full: Immigration Court Practice Manual, Chapter 8.5(a)(iii) (January

xx, xxxx)
short: Practice Manual, Chap. 8.5(a)(iii)
Forms: Forms should first be cited according to their full name and number. A short
citation form may be used thereafter. See Appendix E (Forms) for a list of
common immigration forms. For example:
full: Notice of Appeal from a Decision of an Immigration Judge (Form

EOIR-26)
short: Notice of Appeal or Form EOIR-26
If a form does not have a name, use the form number as the citation.
Country reports: State Department country reports appear both as compilations in Congressional
committee prints and as separate reports and profiles. Citations to country
reports should always contain the publication date and the specific page
numbers (if available). Provide an Internet address when available. The first
citation to any country report should contain all identifying

Immigration Court
information, and a short citation form may be used thereafter. For example:
full: Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of

State, Nigeria Country Reports on Human Rights Practices – 2001
(Mar. 2002), available at http://www.state.gov/g/drl/rls/
hrrpt/2001/af/8397.htm
short: 2001 Nigeria Country Reports
full: Committees on Foreign Relations and International

Relations, 104th Cong., 1st Sess., Country Reports on Human
Rights Practices for 1994 xxx (Joint Comm Print 1995)
short: 1994 Country Reports at page xxx
full: Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of

State, The Philippines – Profile of Asylum Claims and Country
Conditions xxx (June 1995)
short: 1995 Philippines Profile at page xxx
Visa Bulletin: Citations to the State Department’s Visa Bulletin should include the volume,
number, month, and year of the specific issue being cited. For example:
full: U.S. Dep’t of State Visa Bulletin, Vol. VIII, No. 55 (March 2003)
short: Visa Bulletin (March 2003)
Internal A citation to an internal government document, such as a memo or documents:

cable, should contain as much identifying information as possible. Be sure
to include any identifying heading (e.g., the “re” line in a memo) and the precise
date of the document being cited. Include a copy of the document with the filing
or indicate where it has been reprinted publicly. For example:
Dep’t of State cable (no. 97-State-174342) (Sept. 17, 1997) (copy

attached)
Office of the General Counsel, INS, U.S. Dep’t of Justice, Compliance with
Article 3 of the Convention Against Torture in cases of removable aliens
(May 14, 1997), reprinted in 75 Interpreter Releases 375 (Mar. 16, 1998)

Immigration Court
Religious Freedom The International Religious Freedom Act of 1998 (IRFA) mandates that the
Reports: Department of State issue an Annual Report on International Religious Freedom
(State Department Report). IRFA further authorizes Immigration Judges to use
the State Department Report as a resource in asylum adjudications. The State
Department Report should be cited as follows:
full: Bureau of Democracy, Human Rights, and Labor, U.S. Dep’t of

State, Annual Report on International Religious Freedom (Sept. 2007)
short: 2007 Religious Freedom Report at page xxx
IRFA also mandates the issuance of an Annual Report by the United States
Commission on International Religious Freedom (USCIRF Report). The USCIRF
is a government body that is independent of the executive branch. Citations to
the USCIRF Report should be distinguishable from citations to the Department
of State report:
full: United States Commission on International Religious Freedom,

Annual Report of the United States Commission on International
Religious Freedom, xxx (May 2007)
short: 2007 USCIRF Annual Report at page xxx
□□□□□

Immigration Court
VII. Commonly Cited Commercial Publications
General guidance: No universal citation form. In immigration proceedings, parties cite to a

wide variety of commercial texts and publications. Use common sense when
citing these documents. If a document is difficult to locate, include a copy of the
document with your filing (or an Internet address for it) and make clear reference
to that document in your filing.
No endorsements or disparagements. The following list contains citations to

specific publications that are frequently cited in filings before the Immigration
Court. Their inclusion in the list is not an endorsement of the publication, nor is
omission from this list a disparagement of any other publication.
Use of quotation marks, italics or underlining, and first initials. For all filings,
parties should use a single format for all publications – quotation marks around
any article title (whether in a book, law review, or periodical), italics or underlining
for the name of any publication (whether a book, treatise, or periodical), and
reference to authors’ last names only (although use of first initials is appropriate
where there are multiple authors with the same last name).
Shortened names. Many publications have long titles. It is acceptable to use a

shortened form of the title after the full title has been used. Be certain to use a
short form that clearly refers back to the full citation. Page and/or section
numbers should always be used, whether the publication is cited in full or in
shortened form.
Articles in Books: Articles in books should identify the author (by last name only), title of the article,
and the publication that contains that article (including the editor and year). For
example:
full: Massimino, "Relief from Deportation Under Article 3 of the

United Nations Convention Against Torture,” in 2 1997-98
Immigration & Nationality Law Handbook 467 (American
Immigration Lawyers Association, ed., 1997)
short: Massimino at 469

Immigration Court
Bender’s: Bender’s Immigration Bulletin should be cited by author (last name only),
article, volume, publication, month, and year. For example:
full: Sullivan, “When Representations Cross the Line,” 1 Bender’s

Immigration Bulletin (Oct. 1996)
short: Sullivan at 3
Immigration This publication should be cited by author (last name only), article,
Briefings: volume, publication, month, and year. For example:
full: Elliot, ”Relief From Deportation: Part I,” 88-8 Immigration

Briefings (Aug. 1988)
short: Elliot at 18
Immigration Law Citations to treatises require particular attention because their pagination is
and Procedure: often complex. The first citation to this treatise must be in full and contain the
volume number, the section number, the page number, the edition, and year.
For example:
full: 2 Gordon, Mailman & Yale-Loehr, Immigration Law and

Procedure § 51.01(1)(a), at 51-3 (rev. ed. 1997)
short: 2 Immigration Law and Procedure § 51.01(1)(a), at 51-3
Interpreter Citations should state the volume, t it l e, page num ber(s), and precise
Releases: date. Provide a parenthetical explanation for the citation when appropriate. For
example:
full: 75 Interpreter Releases 275-76 (Feb. 23, 1998) (regarding INS

guidelines on when to consent to reopening of proceedings)
short: 75 Interpreter Releases at 276

Immigration Court
If an article has a title and named author, provide that information. For
example:
full: Wettstein, “Lawful Domicile for Purposes of INA § 212(c): Can

It Begin with Temporary Residence,” in 71 Interpreter Releases
1273 (Sept. 26, 1994)
short: Wettstein at 1274
Law Reviews: Law review articles should identify the author (by last name) and the title of
the article, followed by the volume, name, page number(s), and year of the
publication. For example:
full: Hurwitz, “Motions Practice Before the Board of Immigration

Appeals,” 20 San Diego L. Rev. 79 (1982)
short: Hurwitz, 20 San Diego L. Rev. at 80
Sutherland: Citations to this treatise should include the volume number, author, name of
the publication, section number, page number(s), and edition. For example:
full: 2A Singer, Sutherland Statutory Construction § 47.11, at 144

(4th ed. 1984)
short: 2A Sutherland § 47.11, at 144
□□□□□

Immigration Court
Practice Manual Appendix K
APPENDIX K
Where to File
This Appendix provides guidance on where to file documents in removal proceedings. Parties
should still review the pertinent regulations and must be careful to observe the rules regarding filings,
especially the time and number limits on motions. See Chapters 3 (Filing with the Immigration Court),
5.2 (Filing a Motion), 5.3 (Motion Limits). In cases in which the Immigration Court has jurisdiction,
documents must be filed with the Immigration Court having administrative control over the Record of
Proceedings. See Chapter 3.1 (Delivery and Receipt). For information on how to file documents with
the Board of Immigration Appeals, parties should consult the Board of Immigration Appeals Practice
Manual.
Step (1) yes

Is there an appeal currently File with the Board.
pending before the Board?
no
Step (2) no
Has an appeal ever been File with the Immigration Court.
filed with the Board?
yes
Step (3) File with the Immigration

Was the appeal dismissed Court (unless it is a motion
yes
for lack of jurisdiction? challenging the finding that the
(For example, was the Board lacked jurisdiction, in
appeal dismissed as which case the motion should
untimely?) be filed with the Board).
no
Step (4) File with the Immigration Court

Has the Board remanded the yes (unless it is a motion challenging
case to the Immigration Judge? the decision to remand, in which
case the motion should be filed
with the Board).
no
File with the Board, but be careful

of the time and number limits on
certain kinds of motions.
updates: www.justice.gov/eoir K-1 Version released on

February 20, 2020
Immigration Court
Practice Manual Appendix L
APPENDIX L
Sample Written Pleading
Prior to entering a pleading, parties are expected to have reviewed the pertinent regulations, as
well as Chapter 4 of the Immigration Court Practice Manual (Hearings before Immigration Judges).
[name and address of attorney or representative]

Executive Office for Immigration
Review Immigration Court
[the court’s location (city or town) and state]
)
In the Matter of: )
) File No.: [the respondent’s A
number] [the respondent’s name] )
)
In removal proceedings )
)
RESPONDENT’S WRITTEN PLEADING
On behalf of my client, I make the following representations:
1. The respondent concedes proper service of the Notice to Appear, dated .
2. I have explained to the respondent (through an interpreter, if necessary):
a. the rights set forth in 8 C.F.R. § 1240.10(a);

b. the consequences of failing to appear in court as set forth in INA § 240(b)(5);
c. the limitation on discretionary relief for failure to appear set forth in INA § 240(b)(7);
d. the consequences of knowingly filing or making a frivolous application as set forth in
INA § 208(d)(6);
e. the requirement to notify the court within five days of any change of address or
telephone number, using Form EOIR-33/IC pursuant to 8 C.F.R. § 1003.15(d).

L-1 February 20, 2020
Immigration Court
3. The respondent concedes the following allegation(s) , and denies

the following allegation(s) ______________________ _.
4. The respondent concedes the following charge(s) of removability ,

and denies the following charge(s) of removability .
5. In the event of removal, the respondent;
□ names as the country to which removal should

be directed;
OR
□ declines to designate a country of removal.
6. The respondent will be applying for the following forms of relief from removal:
□ Termination of Proceedings
□ Asylum
□ Withholding of Removal (Restriction on Removal)
□ Adjustment of Status
□ Cancellation of Removal pursuant to INA §
□ Waiver of Inadmissibility pursuant to INA §
□ Voluntary Departure
□ Other (specify)
□ None
7. If the relief from removal requires an application, the respondent will file the application
(other than asylum), no later than fifteen (15) days before the date of the individual calendar
hearing, unless otherwise directed by the court. The respondent acknowledges that, if the
application(s) are not timely filed, the application(s) will be deemed waived and abandoned
under 8 C.F.R. § 1003.31(c).
If the respondent is filing a defensive asylum application, the asylum application will be
filed in open court at the next master calendar hearing.
8. If background and security investigations are required, the respondent has received the
DHS biometrics instructions and will timely comply with the instructions. I have explained
the instructions to the respondent (through an interpreter, if necessary). In addition, I have
explained to the respondent (through an interpreter, if necessary), that, under 8 C.F.R. §
1003.47(d), failure to provide biometrics or other biographical information within the time
allowed will constitute abandonment of the application unless the respondent demonstrates
that such failure was the result of good cause.

Immigration Court
9. The respondent estimates hours will be required for the respondent to present the case.
that
10. □ It is requested that the Immigration Court order an interpreter proficient in

the
language,
dialect;
‘ OR
Date Attorney or Representative for the Respondent
RESPONDENT’S PLEADING DECLARATION
I, , have been advised of my rights in these proceedings by my

attorney or representative. I understand those rights. I waive a further explanation of those
rights by this court.
I have been advised by my attorney or representative of the consequences of failing to appear for a
hearing. I have also been advised by my attorney of the consequences of failing to appear for a
scheduled date of departure or deportation. I understand those consequences.
I have been advised by my attorney or representative of the consequences of knowingly filing a

frivolous asylum application. I understand those consequences.
I have been advised by my attorney or representative of the consequences of failing to follow the DHS
biometrics instructions within the time allowed. I understand those consequences.
I understand that if my mailing address changes I must notify the court within 5 days of such
change by completing an Alien’s Change of Address Form (Form EOIR-33/IC) and filing it with
this court.
Finally, my attorney or representative has explained to me what this Written Pleading says. I understand it, I
agree with it, and I request that the court accept it as my pleading.
Date Respondent

Immigration Court
CERTIFICATE OF INTERPRETATION
I, , am competent to translate and interpret from

(name of interpreter)
into English, and I certify that I have read this entire document to the
(name of language)
respondent in , and that the respondent stated that he or she understood

(name of language)
the document before he or she signed the Pleading Declaration above.
(signature of interpreter)
(typed/printed name of interpreter)
OR
I, , certify that , a telephonic

(name of attorney or representative) (name of interpreter)
interpreter who is competent to translate and interpret from into English,

read
(name of language)
this entire document to the respondent in and that the respondent stated
(name of language)
that he or she understood the document before he or she signed the Pleading Declaration above.
(signature of attorney or representative)
(typed/printed name of attorney or representative)

Immigration Court
Practice Manual Appendix M
APPENDIX M
Sample Oral Pleading
Prior to entering a pleading, attorneys and representatives are expected to have thoroughly
reviewed all pertinent laws, regulations, and cases, as well as the Immigration Court Practice Manual.
* * *
I, [state your name], on behalf of [state the name of your client], do concede proper
service of the Notice to Appear dated [state date of the NTA], and waive a formal reading
thereof.
I represent to the court that I have discussed with my client the nature and purpose of these
proceedings, discussed specifically the allegations of facts and the charge(s) of removability,
and further advised my client of his or her legal rights in removal proceedings.
I further represent to the court that I have fully explained to my client the consequences
of failing to appear for a removal hearing or a scheduled date of departure as well as the
consequences under section 208(d)(6) of the Act of knowingly filing or making a
frivolous asylum application. My client knowingly and voluntarily waives the oral notice
required by section 240(b)(7) of the Act.
As to each of these points, I am satisfied my client understands fully. On behalf of my client, I

enter the following plea before this court:
One, [he or she] admits allegation(s) # to .
– And/ Or –
[he or she] denies allegation(s) # to .
Two, [he or she] concedes the charge(s) of removability.
– Or –
[he or she] denies the charge(s) of removability.

M-1 February 20, 2020
Immigration Court
Practice Manual Appendix M
Three, [he or she] seeks the following applications for relief from removal: [state all
applications, including termination of proceedings, if applicable].
My client acknowledges that, if any applications are not timely filed, the applications will be
deemed waived and abandoned under 8 C.F.R. § 1003.31(c). [He or she] acknowledges
receipt of the DHS biometrics instructions, and understands that, under 8 C.F.R. § 1003.47(d),
failure to timely comply with the biometrics instructions will constitute abandonment of the
applications.
I request until [state date to be filed] to submit such applications to the court with proper
service on the Department of Homeland Security.
I represent to the court that my client is prima facie eligible for the relief stated herein.
I request [time/hours] to present my client’s case in chief.
I request an interpreter proficient in the [state name of language] language, [state name of
any applicable dialect] dialect.
– Or –
I represent that my client is proficient in English and will not require the services of an
interpreter. If any witnesses require an interpreter, I will notify the court no later than fifteen
days prior to the Individual Calendar hearing.
My client designates [state name of country] as his/her country of choice for removal if
removal becomes necessary.
– Or –
My client declines to designate a country of removal.
* * *

M-2 February 20, 2020
Immigration Court
Practice Manual Appendix N
APPENDIX N
Sample Subpoena
Subpoenas are issued to require that witnesses attend a hearing or that documents be
produced. Prior to requesting a subpoena, parties are expected to have reviewed the pertinent
regulations, as well as Chapter 4 of the Immigration Court Practice Manual (Hearings before
Immigration Judges).

Immigration Court
SUBPOENA
In the Matter of :[the respondent’s name and A number] Date:
To: [the name and address of the individual being subpoenaed]
[If testifying in court]
Pursuant to 8 C.F.R. § 1003.35(b), you are hereby commanded to appear before Immigration
Judge
[name] at [the court’s address] on [the date and time of the hearing] to give testimony
in connection with the [removal, deportation, etc.] proceedings being conducted
under the authority of the Immigration and Nationality Act, relating to [the
respondent’s name], concerning [the topic(s) of testimony].
[If testifying by telephone]
Pursuant to 8 C.F.R. § 1003.35(b), you are hereby commanded to give telephonic

testimony before Immigration Judge [name] on [the date and time of hearing] in
connection with the [removal, deportation, etc.] proceedings being conducted under the
authority of the Immigration and Nationality Act, relating to [the respondent’s name],
concerning [the topic(s) of testimony].
[If necessary]
You are further commanded to bring with you the following items: [books, papers, documents,
etc.].
[name]
Immigration Judge
Page 1 of 2

N-1 February 20, 2020
Immigration Court
Practice Manual Appendix N
RETURN ON SERVICE OF SUBPOENA
I hereby certify that on the day of , 20 , I served the above subpoena on
the witness named above by

(specify type of service)
(Name)
(Title)
Page 2 of 2

February 20, 2020
N-2
Immigration Court
Practice Manual Appendix O
APPENDIX O
Sample Criminal History Chart
The following sample criminal history chart is provided for general guidance. A party
submitting a criminal history chart should attach all pertinent documentation. Prior to submitting any
filings, parties are expected to have reviewed the pertinent regulations, as well as Chapter 3 of the
Immigration Court Practice Manual (Filing with the Immigration Court).
RESPONDENT’S CRIMINAL HISTORY CHART
Respondent’s name: Jane Smith

Respondent’s A number: A012 345 678
Tab A, pp. 1-5 Rap Sheet Federal Bureau of Investigation
Tab B, pp. 6-11 Rap Sheet California Department of Justice
Tab, Arrest Date Charges Disposition Immigration Consequences

Page & Court
s Docket No.
C, 12-14 01/22/89 HS 11350 Pleaded not No conviction because diverted

CO901583A Possession of guilty. without entry of any plea.
a controlled Prosecution Diversion neither completed nor
substance. diverted. terminated because charge
Dismissed dismissed by DA.
04/25/89
D, 15-18 07/27/91 PC 496.1 Pleaded guilty. CIMT.
SCO42665A Misd: 90 days in jail.
receipt of Expunged in
stolen 2000.
property. None.
Dismissed.
PC 466
Possession
fb l
E, 19-20 10/07/95 PC 490.5 Pleaded not None.
CO11475A Misd: petty guilty. Dismissed.
theft.

February 20, 2020
O-1
Immigration Court
Practice Manual Appendix P
APPENDIX P
Sample Table of Contents

This sample table of contents is provided for general guidance regarding organization and
layout. The documents submitted in Immigration Court proceedings vary depending on the type of
proceeding, the form of relief requested, if any, and the circumstances of the particular case. Prior
to making any submissions, parties are expected to have reviewed the pertinent regulations, as well
as Chapter 3 of the Immigration Court Practice Manual (Filing with the Immigration Court).
TABLE OF CONTENTS
TAB PAGES
A Hardship
Medical letter and file from Dr. Mathews re Jane Smith, Respondent’s USC child . . . . . . . . . . . 1-2
Allergy evaluation of Jane Smith by Dr. James . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Letter from Jane Smith’s teacher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Letter from social worker regarding Jane Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B Physical Presence
1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-12
2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-20
2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-22

P-1 February 20, 2020
Immigration Court
Practice Manual Appendix P
TAB PAGES
C Good Moral Character
Letter from Respondent’s employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 23

Letter from Respondent’s pastor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
D Biographical Information
Respondent’s Birth Certificate, and certified translation . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . 25-26

Respondent’s identity documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 27
Jane Smith’s Birth Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Jane Smith’s identity documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 29
E State and Federal Tax Returns
1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-31
1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-34
1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35-37
1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-40
2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41-43
2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-45
2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-48
2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49-51
2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52-54
2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55-57
2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58-60
2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-63

P-2 February 20, 2020
Immigration Court
Practice Manual Appendix Q
APPENDIX Q
Sample Proposed Order

A proposed order is submitted with every motion filed. Prior to filing a motion, parties are
expected to have reviewed the pertinent regulations, as well as Chapter 5 of the Immigration Court
Practice Manual (Motions before the Immigration Court).

Immigration Court
In the Matter of: [the respondent’s name] A Number: [the respondent’s A number]
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of [“the respondent’s” or “DHS’s”] [title of motion], it is HEREBY ORDERED

that the motion be GRANTED DENIED because:
□ DHS does not oppose the motion.

□ The respondent does not oppose the motion.
□ A response to the motion has not been filed with the court.
□ Good cause has been established for the motion.
□ The court agrees with the reasons stated in the opposition to the motion.
□ The motion is untimely per .
□ Other:
Deadlines:
□ The application(s) for relief must be filed by .

□ The respondent must comply with DHS biometrics instructions by ..
Date [name]
Immigration Judge
Certificate of Service
This document was served by: [ ] Mail [ ] Personal Service
To: [ ] Alien [ ] Alien c/o Custodial Officer [ ] Alien’s Atty/Rep [ ] DHS
Date:
By: Court Staff

Q-1 February 20, 2020
Immigration Court
Practice Manual Glossary
GLOSSARY
The following are brief explanations of some words and abbreviations commonly used
in Immigration Court proceedings.
Accredited Representative
A person who is approved by the Director of the Office of Legal Access Programs
to represent aliens before the Immigration Courts, the Board of Immigration
Appeals, and the Department of Homeland Security, or the Department of
Homeland Security only. He or she must work for, or be a volunteer of, a
recognized organization.
AEDPA
An abbreviation for the Antiterrorism and Effective Death Penalty Act.
Affidavit
A document in which a person states facts, swearing that the facts are true and
accurate. The person should sign the affidavit under oath and the signature should
be witnessed by an official, such as a notary public.
“A Number”
The alien registration number, which the Department of Homeland Security
assigns to each alien. It is an “A” followed by eight numbers. For example: A12
345 678. Some recently-issued A numbers consist of an “A” followed by nine
digits. For example: A 200 345 678. Cases before the Immigration Courts and the
Board of Immigration Appeals are tracked by A number.
Administrative Closing
An order by an Immigration Judge removing a case from the Immigration Court’s
calendar. Once a case has been administratively closed, the court will not take any
action on the case until a request to recalendar is filed by one of the parties.
Affirmative Asylum Application

An asylum application filed with the Department of Homeland Security Asylum
Office by an alien not in removal proceedings. If the Department of Homeland
Security Asylum Office declines to grant an affirmative asylum application, removal
proceedings may be initiated. In that case, the asylum application is referred to an
Immigration Court for a hearing.

February 20, 2020
Glossary - 1
Immigration Court
Alien
A person who is not a citizen or national of the United States.
Applicant
A person in exclusion proceedings.
Assistant Chief Counsel

The attorney representing the Department of Homeland Security in Immigration
Court proceedings. Though the “Assistant Chief Counsel” is the attorney’s official
title, he or she is sometimes referred to as the “DHS attorney,” the “government
attorney,” or the “trial attorney.”
Asylum Clock
The number of days elapsed since the filing of an asylum application, not including
any delays in the proceeding caused by the alien. Certain asylum applicants are
eligible to receive employment authorization from the Department of Homeland
Security after the asylum clock reaches 180 days.
Asylum-Only Proceedings
Immigration Court proceedings in which an alien is limited to applying for asylum,
withholding of removal (“restriction on removal”) under the INA and protection
under CAT. Asylum-only proceedings involve aliens who are not entitled to be
placed in removal proceedings.
Attorney of Record
An attorney who has properly entered an appearance with the Immigration Court
in a particular case and is held responsible as an attorney for the respondent.
Beneficiary
An alien who is sponsored by a relative or a business, or otherwise benefits from
a visa petition.
BIA
An abbreviation for the Board of Immigration Appeals.
Biometrics Instructions
The term often used to refer to the Department of Homeland Security “Instructions
for Submitting Certain Applications in Immigration Court and for Providing

February 20, 2020
Glossary - 2
Immigration Court
Biometric and Biographic Information to U.S. Citizenship and Immigration

Services.” The biometrics instructions inform aliens how to comply with the
background and security investigation requirements for certain forms of relief from
removal, such as asylum, adjustment of status, and cancellation of removal. The
biometrics instructions also inform aliens how to pay the fees for those
applications.
Board
An abbreviation for the Board of Immigration Appeals.
Board of Immigration Appeals

The part of the Executive Office for Immigration Review that is authorized to review
most decisions of Immigration Judges and some types of decisions of Department
of Homeland Security officers.
Bond
The amount of money set by the Department of Homeland Security or an
Immigration Judge as a condition to release a person from detention for an
Immigration Court hearing at a later date.
Bond Proceedings
An Immigration Court hearing on a request to redetermine a bond set by the
Department of Homeland Security. Bond proceedings are separate from other
Immigration Court proceedings.
CA
An abbreviation for Court Administrator.
CAT
An abbreviation for the United Nations Convention Against Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment.
CBP
An abbreviation for U.S. Customs and Border Protection, a part of the Department
of Homeland Security.
Certificate of Translation
A formal statement in which a translator shows that he or she has accurately
translated a foreign-language document into English.

February 20, 2020
Glossary - 3
Immigration Court
C.F.R.
An abbreviation for the Code of Federal Regulations.
Charging Document
The document that orders an alien to appear before an Immigration Judge.
Immigration Court proceedings begin when the Department of Homeland Security
mails or delivers the charging document to the alien and files it with the Immigration
Court. In general, the charging document states why the Department of Homeland
Security believes the alien should be deported from the United States. The
charging document in removal proceedings is called the Notice to Appear (Form I-
862).
Claimed Status Review

Immigration Court proceedings involving aliens subject to expedited removal under
INA § 235(b)(1) who claim to be United States citizens or lawful permanent
residents, or to have been granted refugee or asylee status.
Code of Federal Regulations

The official interpretations of laws passed by Congress. These interpretations are
known as “regulations.” Regulations are first published in a government
publication called the Federal Register. After publication in the Federal Register,
regulations can be found in the Code of Federal Regulations. Most immigration
regulations are in Title 8, Aliens and Nationality.
Convention Against Torture

An abbreviation for the United Nations Convention Against Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment.
Credible Fear Proceedings

Immigration Court proceedings in which an Immigration Judge reviews a finding
by a Department of Homeland Security asylum officer that a stowaway or an alien
subject to expedited removal under INA § 235(b)(1) does not have a credible fear
of persecution or torture.
DAR
An abbreviation for digital audio recording.
Declaration under Penalty of Perjury

February 20, 2020
Glossary - 4
Immigration Court
A statement by a person, in which the person states that the information is true, to
support his or her request or application. For example, a declaration may list the
facts and then state: “I declare under penalty of perjury (under the laws of the
United States of America) that the foregoing is true and correct.” This statement
should be followed by the date, signature, and printed name of the person signing.
Defensive Asylum Application
An asylum application filed with an Immigration Judge by an alien already in
removal proceedings.
Deportation Proceedings
An Immigration Court proceeding begun before April 1, 1997, against a person
believed to be in the United States without legal status, to determine whether the
person should be deported from the United States.
DHS
An abbreviation for the Department of Homeland Security.
DHS Attorney
A term sometimes used to refer to an Assistant Chief Counsel in Immigration
Court.
DOJ
An abbreviation for the United States Department of Justice.
EOIR
An abbreviation for the Executive Office for Immigration Review.
eRegistry
An online registry of attorneys and fully accredited representatives. In order to
practice before the Immigration Court or the Board, all attorneys and fully
accredited representatives must register with EOIR’s eRegistry. Registrants
receive an EOIR UserID number.
Ex Parte Communication
Any communication about a case between a party and an Immigration Judge which
does not include the other party. Ex parte communications are generally
prohibited. A party cannot speak about a case with the Immigration Judge when
the other party is not present. In addition, all written communications about a case
must be served on the opposing party.

February 20, 2020
Glossary - 5
Immigration Court
Exclusion Proceedings
An Immigration Court proceeding begun before April 1, 1997, to determine whether
a person should be allowed to legally enter the United States.

The part of the United States Department of Justice that is responsible for the
Immigration Courts and the Board of Immigration Appeals.
FOIA
An abbreviation for the Freedom of Information Act.
ICE
An abbreviation for the U.S. Immigration and Customs Enforcement, a part of the
Department of Homeland Security.
Immigration Court
Any of the more than 60 courts nationwide administered by the Executive Office
for Immigration Review. In general, proceedings in Immigration Court involve
aliens charged as present in the United States in violation of the immigration laws.
Immigration Court Proceedings

In general, proceedings in Immigration Court involve aliens charged as present in
the United States in violation of the immigration laws. Several types of
proceedings are held in Immigration Court, including removal proceedings (begun
on or after April 1, 1997), deportation proceedings (begun prior to April 1, 1997),
exclusion proceedings (begun prior to April 1, 1997), bond proceedings, rescission
proceedings, credible fear proceedings, reasonable fear proceedings, claimed
status review, asylum-only proceedings, and withholding-only proceedings.
Immigration Judge
The official who presides over proceedings in Immigration Court. In general,
Immigration Judges determine removability and adjudicate applications for relief
from removal.
INA
An abbreviation for the Immigration and Nationality Act.

February 20, 2020
Glossary - 6
Immigration Court
INS
An abbreviation for the Immigration and Naturalization Service. INS has been
abolished and its functions have been transferred to the Department of Homeland
Security.
In Absentia Hearing
A hearing conducted without the alien’s presence after the alien failed to appear
as required.
Individual Calendar Hearing

Hearings scheduled by the Immigration Court for testimony and evidence. These
hearings are also known as “merits hearings.”
IJ
An abbreviation for Immigration Judge.
IRCA
An abbreviation for the Immigration Reform and Control Act of 1986.
IIRIRA
An abbreviation for the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996.
LIFE
An abbreviation for Legal Immigration and Family Equity Act.
Lodged Asylum Application

A defensive asylum application that is submitted at the Immigration Court filing
window outside of a hearing for the purpose of employment authorization. The
lodged date is not the filing date and a lodged asylum application is not considered
filed. A respondent who lodges an asylum application must still file an asylum
application before an Immigration Judge at a master calendar hearing.
LPR
An abbreviation for lawful permanent resident.
Master Calendar Hearing

February 20, 2020
Glossary - 7
Immigration Court
Hearings held for pleadings, scheduling, and other similar matters. A respondent’s
first appearance before an Immigration Judge in removal proceedings is at a
master calendar hearing.
Merits Hearing
A term sometimes used to refer to an individual calendar hearing.
NACARA
An abbreviation for the Nicaraguan Adjustment and Central American Relief Act.
Notice Attorney
A term sometimes used in Immigration Court to refer to the primary attorney.
Notice to Appear
The charging document (Form I-862) used by the Department of Homeland
Security to begin removal proceedings.
NTA
An abbreviation for Notice to Appear.
OCIJ
An abbreviation for the Office of the Chief Immigration Judge.

The part of the Executive Office for Immigration Review that oversees the
Immigration Courts.
OIL
The abbreviation for the Office of Immigration Litigation, a part of the United States
Department of Justice.
Order to Show Cause

The charging document (Form I-221) used by the Department of Homeland
Security before April 1, 1997, to begin deportation proceedings.
OSC
An abbreviation for Order to Show Cause.
Party
The term used to refer to the alien or the Department of Homeland Security in
Immigration Court.

February 20, 2020
Glossary - 8
Immigration Court
Petitioner
A person who files a visa petition.
Practitioner
A person who is authorized to represent aliens before the Immigration Courts and
the Board of Immigration Appeals.
Pre-Decision Motion
A motion filed before the conclusion of Immigration Court proceedings.
Primary Attorney
An attorney who has properly entered an appearance with the Immigration Court
and is designated to receive mailings from the court, including notices of hearings.
If more than one attorney represents an alien in a proceeding, one of the attorneys
must be designated as the primary attorney for that proceeding. Only the primary
attorney, also known as the “notice attorney,” will receive mailings from the
Immigration Court related to that proceeding.
Pro Se
A term used to refer to an alien who does not have an attorney or representative
in Immigration Court.
Proof of Service
A formal statement in which a party shows that he or she has provided a copy of
a document to the other party.
REAL ID
An abbreviation for the REAL ID Act of 2005.
Reasonable Fear Proceedings

Immigration Court proceedings in which an Immigration Judge reviews a finding
by a Department of Homeland Security asylum officer that an alien subject to
expedited removal under INA §§ 238(b) or 241(a)(5) does not have a reasonable
fear of persecution or torture.
Recognized Organization

February 20, 2020
Glossary - 9
Immigration Court
A non-profit, federal tax-exempt, religious, charitable, social service, or similar

organization established in the United States that is recognized by the Director of
the Office of Legal Access Programs to provide representation through accredited
representatives who appear on behalf of clients before the Immigration Courts, the
Board of Immigration Appeals, and the Department of Homeland Security, or the
Department of Homeland Security alone.
Record of Proceedings
The official file containing documents relating to an alien’s case.
Removal Proceedings
An Immigration Court proceeding begun on or after April 1, 1997, to determine
whether a person can be admitted to the United States or removed from the United
States.
Reputable Individual
An individual who possesses good moral character and meets certain other
requirements. In appropriate circumstances, an Immigration Judge may allow a
reputable individual to represent an alien in Immigration Court proceedings.
Respondent
A person in removal or deportation proceedings.
ROP
An abbreviation for Record of Proceedings.
Serve
To give, deliver, or mail a document to the opposing party. For an alien, the
opposing party is the Department of Homeland Security.
Stay
An order by an Immigration Judge, or a rule of law, that stops the Department of
Homeland Security from removing an alien.
Transcript
A printed copy of the recording of a hearing before an Immigration Judge.
Trial Attorney

February 20, 2020
Glossary - 10
Immigration Court
A term sometimes used to refer to an Assistant Chief Counsel.
USCIS
An abbreviation for U.S. Citizenship and Immigration Services, a part of the
Department of Homeland Security.
Visa Petition
A form asking the Department of Homeland Security to determine if an alien is
qualified to become a lawful permanent resident. Filing the visa petition is the first
step in obtaining lawful permanent resident status (a “green card”).
Withholding-Only Proceedings
Immigration Court proceedings in which an alien is limited to applying for
withholding of removal “restriction on removal”) under the INA and protection under
CAT. Withholding-only proceedings involve certain aliens who are not entitled to
be placed in removal proceedings.

February 20, 2020
Glossary - 11
Immigration Court
Practice Manual Indexes
WORD INDEX
A separate Citation Index – containing cases, statutes and regulations – follows this
Index.
A numbers ..................... 12, 13, 38, 41, Glossary Administrative Law Judges ............ see discipline
accredited officials .......... see foreign government adverse legal authority, failure to disclose ..... see
officials discipline
accredited representatives advisory opinions ............................................. 40
accreditation ................................................ 20 AEDPA ................................................... Glossary
application process ...................................... 20 affidavits
attorneys, same rules as.............................. 20 definition ............................................ Glossary
definition ........................................... Glossary English language, in .................................... 32
discipline .................................... see discipline penalty of perjury, under .............................. 92
entry of appearance ..see entry of appearance translation of ................................................ 32
filing................................................... see filing affirmative asylum applications .......... see asylum
full accreditation ........................................... 20 agreement in lieu of discipline ....... see discipline
immigration specialists, compared to .......... 20 alien ....................................................... Glossary
list of............................................................. 20 appeals
OP, accredited by ........................................ 20 asylum-only proceedings ....... see asylum-only
partial accreditation...................................... 20 BIA jurisdiction ........................... 2, 9, 105, 106
registry requirement ..................................... 20 bond proceedings ........ see bond proceedings
removal from list of ...................................... 20 certification, distinct from ..................... 73, 106
signatures ................................ see signatures continued detention ...see continued detention
verification .................................................... 20 deadlines ............................................. 25, 105
ACIJs .... see Assistant Chief Immigration Judges deportation......... see deportation proceedings
address obligations disciplinary proceedings ............ see discipline
aliens..... 20, 59, 63, 72, 95, 98, 100, 102, 104 exclusion ............... see exclusion proceedings
aliens, detained ....................................20, 127 forms, use of required ............................... 155
attorneys ...................................................... 20 how to appeal ............................................ 105
compound changes of address ................... 20 motions, relationship to ............... see motions
consolidated cases ...................................... 20 Notice of Appeal ........................................ 105
Form EOIR-33/IC .................................20, 157 rescission............. see rescission proceedings
motions generally......................................... 20 right to appeal .............................................. 73
motions to reconsider .................................. 98 stays ................................................. see stays
motions to reopen ........................................ 95 waiver of appeal .................................. 73, 106
motions to reopen in absentia orders ........ 100 who may appeal ........................................ 105
representatives ............................................ 20 withholding-only .............. see withholding-only
addresses ............ see EOIR, Immigration Courts recognized organizations ................................. 20
adjudicating officials ....................... see discipline Assistant Chief Immigration Judges (ACIJs) . 4, 5
administrative closure ...................... see motions asylum
Administrative Control Courts .... see Immigration affirmative applications ................ 24, Glossary
Courts asylum clock ................................ 64, Glossary

February 20, 2020
Word Index - 1
Immigration Court
asylum-only proceedings .......see asylum-only references to................................................ 49

benefits and responsibilities ........................ 73 registration requirement .............................. 20
changed circumstances ............................... 96 release of counsel ............. see representation
deadlines ..................................................... 24 representation, scope of .... see representation
defensive applications .......... 24, 36, Glossary substitution of counsel ....... see representation
employment authorization............................ 64 telephonic appearances . see master calendar
frivolous applications ................................... 63 waivers of appearances ............... see waivers
lodged applications ...................................... 64 withdrawal of counsel ........ see representation
number of copies ......................................... 36 Automated Case Information Hotline ... 13, App. I
withholding-only .............. see withholding-only background and security investigations .see DHS
asylum clock ...................................... see asylum beneficiary.............................................. Glossary
Asylum Office ....... see Department of Homeland biometrics instructions ...........................see DHS
Security Board of Immigration Appeals (BIA)
asylum-only proceedings appeals to .................................... see appeals
appeals ...................................................... 119 disciplinary authority .................. see discipline
conduct of proceedings.............................. 119 generally ............................................ Glossary
cooperating witnesses .......................111, 118 Immigration Courts, relationship to............ 2, 9
crewmembers ....................................111, 118 jurisdiction.................................................. 2, 9
D visa applicants ................................111, 118 Practice Manual ....... 2, 53, 105, 106, 134, 146
detention ............................................111, 130 boilerplate submissions, repeatedly filing ...... see
generally ........................... 111, 118, Glossary discipline
S visa applicants ................................111, 118 bond proceedings
scope ......................................................... 119 appeals ...................................................... 133
security grounds, removable under ...111, 119 decision ..................................................... 133
stowaways .........................................112, 118 definition of bond ............................... Glossary
visa waiver applicants ........................111, 118 evidence .................................................... 132
visa waiver overstays .........................111, 118 hearings ............................................... 130–33
attendance at hearings see removal proceedings jurisdiction.......................................... 129, 130
attire ............................... see Immigration Courts mootness ................................................... 130
Attorney General ................................................ 9 recorded, generally not .............................. 132
attorneys (see also representation, discipline) removal proceedings, compared to ........... 132
absence at hearing ...................................... 51 representation............................................ 132
administrative suspension ........................... 20 testimony ................................................... 133
adverse legal authority, failure to disclose. see witnesses ................................................... 133
discipline bribery ............................................ see discipline
attire ........................... see Immigration Courts briefs ................................. see pre-hearing briefs
attorney of record.............................. Glossary CAT ........................................................ Glossary
automatic stays ................................ see stays CBP ........................................................ Glossary
bar information ............................................. 20 cellular telephones ........... see electronic devices
change of address .....see address obligations Certificate of Service .......................... see service
discipline .................................... see discipline certification ............................................... 73, 106
entry of appearance ..see entry of appearance certified translations .................... see documents
EOIR ID number .......................................... 20 CFR ................................Glossary, Citation Index
free legal services .............. see representation change of venue .............................. see motions
law firms .................................................21, 33 charging document ................................ Glossary
multiple representatives ..... see representation Chief Immigration Judge .................................... 3
notice attorney ................... see representation citation ........................................................ App. J
primary attorney ................. see representation claimed status review
pro bono ............. see pro bono representation detention .................................................... 130
qualifications ................................................ 20 expedited removal ............................. 110, 116

February 20, 2020
Word Index - 2
Immigration Court
generally ................................... 116, Glossary detention ............................................ 111, 130

hearing ....................................................... 117 expedited removal ............................... 109–12
location....................................................... 116 generally .................................... 111, Glossary
no appeal ................................................... 117 location ...................................................... 113
representation ............................................ 117 no appeal ................................................... 114
timing ......................................................... 116 redetermination by DHS ............................ 114
client's decisions, failure to abide by .............. see representation............................................ 113
discipline review by DHS ................................... 111, 112
closing statements ...... see removal proceedings review by Immigration Judge..................... 113
Code of Federal Regulations ................ Glossary stowaways ........................................... 112–14
coercion .......................................... see discipline timing ......................................................... 113
communication with client, failure to maintain see crewmembers ....... see asylum-only proceedings
discipline criminal history chart ..................... 41, 71, App. O
competent representation, failure to provide.. see cross-examination ......................... see witnesses
discipline D visa applicants ... see asylum-only proceedings
complaints ...................................... see discipline date stamp ..................................... see deadlines
conferences ............see pre-hearing conferences deadlines
conformed copies ........................ see documents "day," construction of ............................. 23, 25
consolidated cases appeals ........................................ see appeals
address obligations ....see address obligations asylum ......................................................... 24
fees .............................................................. 45 date stamp ................................................... 25
filing.............................................................. 37 delays in delivery ......................................... 26
pre-hearing briefs ......... see pre-hearing briefs detained aliens ...................................... 23, 24
requests ....................................................... 79 discipline proceedings, in .......... see discipline
standards ..................................................... 79 effect of discipline on ................. see discipline
contempt of court ........................... see discipline extensions ................................................... 26
continuance .................................................... 101 filing receipts................................................ 29
continued detention review generally ............................................... App. D
appeals ..............................................135, 136 Immigration Judges can specify .................. 22
DHS determination .................................... 134 individual calendar hearings ........................ 23
merits hearing ............................................ 136 master calendar hearings ...................... 23, 58
periodic review ........................................... 137 motions ........................................ see motions
reasonable cause hearing .................134, 135 receipt, deemed "filed" at ............................ 21
representation ....................................135, 136 responses .................................................... 23
Convention Against Torture (CAT) ........ Glossary time, computation of .............................. 25, 26
cooperating witnesses ................see asylum-only untimely filings ............................................. 28
proceedings declarations
copies ........................................ see photocopies English language, in .................................... 32
country of removal ....... see removal proceedings penalty of perjury, under .............. 92, Glossary
Country Reports ........... see Department of State translation of ................................................ 32
courier services defective filings ...................................... see filing
delays in delivery ...................................22, 26 defensive asylum applications ........... see asylum
encouraged .................................................. 22 Department of Homeland Security (DHS)
mailbox rule not observed............................ 21 Administrative Appeals Office (AAO) ............ 3
service by ...................................... see service Assistant Chief Counsel .................... Glossary
Court Administrators ..............................4, 14, 53 asylum clock .................................. see asylum
Court Analysis Unit ............................................. 4 Asylum Office .............................................. 24
Court Evaluation Team ...................................... 4 background and security investigations 61–64
cover page................................... see documents biometrics instructions .............. 43, 45, 61–64,
credible fear proceedings Glossary

February 20, 2020
Word Index - 3
Immigration Court
continued detention .. see continued detention detained minors ............................. see minors
credible fear review............... see credible fear hearings ..................................................... 128
detention of aliens ............ see detained aliens limited proceedings ... see limited proceedings
DHS forms ....................................... see forms location ...................................................... 127
discipline of DHS attorneys ....... see discipline orientation .................................................. 128
employment authorization............. see asylum release ....................................................... 127
EOIR, separate from ............................2, 9, 49 transfers..................................................... 127
fees paid to ......................... 42, 43, 44, 92, 93 venue ......................................................... 127
Forensics Document Laboratory ................. 39 detention facilities ...........see Immigration Courts
Immigration and Customs Enforcement (ICE) DHS ........see Department of Homeland Security
.................................................... 2, 9, Glossary digital audio recordings .................................... 12
INS, replaced ................................................. 3 disbarment ..................................... see discipline
motions filed by ............................ see motions disciplinary counsel ........................ see discipline
party in proceedings .................................... 48 discipline
post-order instructions ................................. 73 accredited representatives .................. 20, 139
reasonable fear review .... see reasonable fear adjudicating officials ............................ 147–50
Department of Justice (DOJ) Administrative Law Judges as adjudicating
Board of Immigration Appeals ............ see BIA officials....................................................... 147
Executive Office for Immigration Review ... see adverse legal authority, failure to disclose 142
EOIR agreement in lieu of discipline ................... 145
Office of Immigration Litigation (OIL) .. see OIL answer ............................................... 146, 147
Department of State (DOS) appeals .............................................. 149, 150
Country Reports ........................................... 40 attorneys .................................................... 139
publications as evidence............ see evidence authority to discipline ........................... 21, 139
Report on International Religious Freedom . 40 boilerplate submissions, repeatedly filing .. 142
Visa Bulletin ................................................. 93 bribery........................................................ 141
deportation proceedings client's decisions, failure to abide by ......... 142
appeals ...................................................... 108 coercion ..................................................... 141
charging document ..............................48, 107 communication with client, failure to maintain
DHS motions to reconsider .......................... 98 ................................................................... 142
generally ................................... 107, Glossary competent representation, failure to provide
grounds of deportability ............................. 107 ................................................................... 141
hearing notification..................................... 107 complaints ......................................... 143, 144
in absentia hearings ..................................... 74 contempt of court ....................................... 141
motions to reopen in absentia orders ........ 100 deadlines in discipline proceedings ........... 148
Order to Show Cause (OSC) .............. 48, 107, deadlines, effect of discipline on ............... 151
Glossary default order ...................................... 147, 149
relief available ............................................ 108 DHS attorneys ........................................... 140
removal proceedings, compared with 107, 108 DHS motion to join .................................... 146
stays of deportation ......................... see stays disbarment ................................. 141, 144, 145
Deputy Chief Immigration Judges ..................... 4 disciplinary counsel ..................... 143–46, 152
detained aliens disciplinary proceedings ...................... 144–50
address obligations ....see address obligations disclosure to public .................................... 150
appearance at hearings ............................. 127 duty to advise clients ................................. 150
background and security investigations ..... see duty to report ............................................. 144
DHS evidence .................................................... 148
bond ............................. see bond proceedings extension of time to answer, motion for .... 146
continued detention .. see continued detention false certification ........................................ 141
deadlines .................................. see deadlines false evidence............................................ 141
false statements ................................ 141, 142

February 20, 2020
Word Index - 4
Immigration Court
Form EOIR-28, failure to file ...................... 142 binding of ..................................................... 39

frivolous behavior ....................................... 141 certificate of translation ..................... Glossary
grossly excessive fees ............................... 141 certified translations ... see translations, below
hearings, repeated failure to attend ........... 141 conformed copies ........................................ 29
Immigration Judges as adjudicating officials consolidated cases .... see consolidated cases
................................................................... 147 cover page .................... 34–36, 38, 91, App. F
Immigration Judges' authority to file date stamp ................................. see deadlines
complaints .................................................. 139 Department of State publications ................ 40
Immigration Practitioner Complaint Form .. 143 filing locations .................................... see filing
immigration specialists............................... 141 font and spacing .......................................... 38
improperly soliciting clients ........................ 141 foreign-language documents ....................... 32
ineffective assistance of counsel ......141, 144, format, generally .......................................... 33
151 forms ................................................ see forms
law graduates .............................................. 20 government memoranda ............................. 40
law students ................................................. 20 internet publications .................................... 41
list of disciplined practitioners ............150, 151 legal opinions............................................... 40
misrepresentations .................................... 141 legibility .................................................. 33, 37
non-practitioners ........................................ 140 newspaper articles ...................................... 40
notarios ...................................................... 140 number of copies ......................................... 36
Notice of Intent to Discipline (NID) ...145, 146, order of documents ......................... 34–36, 91
147, 150 original documents ...................................... 39
pending cases, effect on ............150, 151, 152 pagination .................................................... 37
Petition for Immediate Suspension ............ 145 paper size and quality ................................. 37
practitioners ............................................... 139 photocopies ......... 36, 39, 92, 93, 95, 102, 104
pre-hearing conferences ............................ 148 photographs................................................. 40
prejudicial conduct ..................................... 141 Proof of Service ............................. see service
preliminary investigations .......................... 145 proposed exhibits ............................ 34, 36, 37
reasonable diligence and promptness, failure publications .................................................. 40
to act with ................................................... 142 service of ....................................... see service
recognized organizations ........................... 140 source materials .......................................... 40
reinstatement to practice ...................151, 152 supporting documents ................................. 39
representation in disciplinary proceedings 148 table of contents ........................... 2–1, App. P
resignation from bar ...................141, 144, 145 tabs .............................................................. 37
sanctions for misconduct ........................... 148 translations ..................................... 32, App. H
self-reporting of misconduct ...................... 144 witness list ................................ see witnesses
serious crimes ............................141, 144, 145 e-filing
set aside default order, motion to .............. 147 Form EOIR-28, instructions ......................... 18
summary, disciplinary proceedings ..144, 146, generally ...................................................... 22
150 notice to opposing party .............................. 19
supervision of accredited representatives, electronic devices
failure to provide ........................................ 142 cellular telephones .................... 55, 56, 68, 71
suspension from bar ..................141, 144, 145 detention facilities, in ............................. 56, 57
unauthorized practice of law ..............140, 143 electronic calendars .............................. 55, 56
visa consultants ......................................... 141 Immigration Court, in ............................. 55, 56
warning letter ............................................. 145 laptop computers ................................... 55, 56
where to file documents .....................149, 150 possession of during hearings............... 55, 56
witnesses ................................................... 148 recording devices, use of ............................ 55
discretionary stays ............................... see stays e-mails ............................................................. 22
documents employment authorization .................. see asylum
advisory opinions ......................................... 40 entry of appearance

February 20, 2020
Word Index - 5
Immigration Court
accredited representative ............................ 20 exclusion proceedings

appearances "on behalf of".......................... 21 appeals ...................................................... 108
bar information ............................................. 20 applicant ............................................ Glossary
change in address ....................................... 20 charging document .............................. 48, 108
change in firm .............................................. 21 DHS motions to reconsider ......................... 98
change in representation ............................. 49 generally .................................... 108, Glossary
change of address ....................................... 18 grounds of excludability ............................. 108
change of telephone number ....................... 18 hearing notification .................................... 108
disciplinary information ................................ 20 in absentia hearings .................................... 74
first appearance .....................................18, 49 motions to reopen in absentia orders ........ 100
foreign government officials ......................... 20 Notice to Applicant for Admission Detained
Form EOIR-28, electronic ............................ 17 for Hearing ........................................... 48, 108
Form EOIR-28, failure to file ...... see discipline public, closed to ......................................... 108
Form EOIR-28, must file ..........18, 19, 20, 155 relief available............................................ 108
Form G-28 not accepted .............................. 18 removal proceedings, compared with 107, 108
forms ..............................................17, 19, 155 stays of exclusion ............................. see stays
general rules for .....................................17, 20 Executive Office for Immigration Review (EOIR)
law graduates .............................................. 20 addresses ............................................. App. B
law students ................................................. 20 Board of Immigration Appeals ............ see BIA
master calendar, at ...................................... 60 disciplinary authority .................. see discipline
motions ........................................ see motions EOIR forms ...................................... see forms
multiple representatives ............................... 20 FOIA requests .....see Freedom of Information
reinstatement ............................................... 18 Act
remand ......................................................... 18 Fraud and Abuse Prevention Program ... 5, 20,
reputable individuals ................... 20, Glossary 140
scope of representation ............................... 20 generally .................................... 1–7, Glossary
service..............................................19, 32, 60 Law Library ...................................... 7, 11, 163
substitution of counsel ...........................20, 49 Legal Orientation Program .................... 6, 128
EOIR...........see Executive Office for Immigration Office of Communications and Legislative
Review Affairs .......................................................... 53
eRegistry ................................................. Glossary Office of Legal Access Programs (OLAP) ..... 6
attorneys, registration of .............................. 20 Office of the Chief Immigration Judge (OCIJ)
EOIR ID number .......................................... 20 ............................................................. 1–5, 10
generally ................................................15, 20 Office of the General Counsel (OGC) .. 5, 143,
registration requirement ............................... 17 144, 156
evidence organizational chart .............................. App. C
bond proceedings ........ see bond proceedings telephone numbers ............................... App. B
criminal convictions ..see criminal history chart Virtual Law Library ................................... 7, 11
Department of State publications as ............ 40 website ........................................................ 14
impeachment evidence ................................ 23 expedited removal under INA § 235(b)(1)
motions ........................................ see motions aliens subject to ......................................... 109
newspaper articles ....................................... 40 claimed status review ........ see claimed status
publications as evidence.............................. 40 credible fear proceedings ..... see credible fear
rebuttal evidence ......................................... 23 exceptions ................................................. 110
right to examine ........................................... 58 expedited removal under INA § 238(b) .......... see
right to object to .....................................58, 72 reasonable fear, withholding-only
right to present .......................................58, 72 failure to prosecute ......see removal proceedings
subpoenas .............................. see subpoenas false certification ............................ see discipline
ex parte communication .................. 14, Glossary false evidence ................................ see discipline
false statements ............................. see discipline

February 20, 2020
Word Index - 6
Immigration Court
family members ..........................................20, 33 required filings ............................................. 71

faxes .....................................................14, 22, 51 separate envelopes ..................................... 22
federal courts ................................................... 10 signatures ................................ see signatures
Federal Register ............................................. 164 stapling ........................................................ 39
fees street address, sent to ................................. 22
amount ......................................................... 44 supporting documents ............ see documents
application fees ......................................44, 45 telephonic hearings, filing at ........................ 51
biometrics fees ............................................. 45 untimely filings ....................................... 28, 29
consolidated cases .... see consolidated cases video hearings, filing at ................................ 51
defective or missing ..................................... 45 filing deadlines ............................... see deadlines
DHS, paid to ..............................42, 44, 92, 93 fonts and spacing ........................ see documents
FOIA.............. see Freedom of Information Act food and drink .................see Immigration Courts
form of payment ........................................... 45 foreign government officials ............................. 20
grossly excessive ....................... see discipline foreign student advisors ................................... 20
Immigration Court, not paid to ..................... 42 foreign-language documents ...... see documents
motions ....................................... see motions' Forensic Document Laboratory .............see DHS
paid in advance ......................................42, 44 Form EOIR-
receipts ........................................................ 44 26 ......................................................... App. E
visa petitions ................................................ 93 26A ...................................................... App. E
waivers ...................................................44, 92 27 .......................................................... App. E
filing 28 .............................. see entry of appearance
ACCO fastners ............................................. 39 33/IC .......................... see address obligations
attorneys, by ..........................................31, 81 Form G-28..................... see entry of appearance
conformed copies ................... see documents Form I-862 .............. see Notice to Appear (NTA)
consolidated cases .... see consolidated cases former DOJ employees .................................... 20
courier services ............... see courier services forms
date stamp ................................ see deadlines colors ......................................................... 157
deadlines .................................. see deadlines completed forms ........................................ 157
defective filings ............................................ 27 computer-generated .................................. 156
disciplinary proceedings, in ....... see discipline obtaining forms .......................................... 156
documents .............................. see documents photocopies ......................................... 39, 156
e-filing .......................................................... 22 recommended.................................... 143, 155
eFiling .......................................................... 15 required ..................................................... 155
e-mail ........................................................... 22 free legal services .................. see representation
fax ..........................................................22, 51 Freedom of Information Act (FOIA)
filing receipts ................................................ 29 consent of subject ..................................... 158
forms ................................................ see forms copies of the record ................................... 156
hole-punched ............................................... 39 deadlines, effect on ................................... 157
improper filings ............................................ 27 denials ....................................................... 158
locations ........................ 21, 50, 51, 91, App. K exempt from release .................................. 157
mailbox rule not observed............................ 21 fees ............................................................ 157
motions ........................................ see motions inspecting the record ................................. 156
number of copies .................... see documents limitations........................................... 157, 158
paper clips ................................................... 39 Office of Information and Privacy .............. 158
postage problems ........................................ 21 processing times........................................ 157
proposed exhibits .................... see documents requests ............................................... 156–58
public window, delivered to .......................... 22 frivolous asylum applications ............. see asylum
receipt, deemed "filed" at ............................. 21 frivolous behavior ........................... see discipline
rejected filings ..................................27, 28, 37 Glossary" ............................................................. ,
representatives, by ..........................31, 49, 81

February 20, 2020
Word Index - 7
Immigration Court
grossly excessive fees ................... see discipline conduct of hearing ....................................... 72

hearings, repeated failure to attend see discipline conferences ....... see pre-hearing conferences
Homeland Security ................................ see DHS deadlines ................................... see deadlines
ICE . see Immigration and Customs Enforcement in absentia hearings . see in absentia hearings
IIRIRA .................................................... Glossary interpreters ............................. see interpreters
Immigration and Customs Enforcement (ICE)see objections to evidence ................ see evidence
DHS opening statements ..................................... 72
Immigration and Naturalization Service (INS) .... 2 oral decisions............................................... 73
Immigration Courts post-order instructions .......................see DHS
addresses ....................................... 22, App. A pre-hearing briefs ......... see pre-hearing briefs
Administrative Control Courts ..........10, 11, 21 purpose of hearing ...................... 71, Glossary
administrative offices, no access to ............. 57 recording ................. see recording of hearings
arrival at court .............................................. 58 required filings ................................... see filing
attire in court ................................................ 54 statements ........... see pre-hearing statements
decorum ....................................................... 54 stipulations ........... see pre-hearing statements
designated detail cities ................................ 10 telephonic hearings .see removal proceedings
detention facilities, in ........ 10, 52, 55, 57, 128 telephonic testimony see removal proceedings
electronic devices ........ see electronic devices testimony .................................. see witnesses
food and drink .............................................. 54 video hearings .........see removal proceedings
generally ................................. 4, 10, Glossary video testimony........see removal proceedings
hours of operation ........................................ 22 witnesses .................................. see witnesses
Liaison Judges ............................................... 5 written decisions .......................................... 73
locations ........................ 5, 10, 50, See App. A ineffective assistance of counsel ... see discipline
public windows ............................................. 22 inquiries
public, when closed to .........................52, 108 eFiling .......................................................... 15
security screening ............................51, 56, 58 e-mail ........................................................... 14
shared administrative control ....................... 21 emergencies ................................................ 15
telephone numbers ............................... App. A fax ................................................................ 14
Immigration Judges FOIA ............. see Freedom of Information Act
conduct and professionalism ......................... 5 generally ...................................................... 12
deadlines, can specify ................................. 22 Immigration Courts staff, to ......................... 13
decisions ........................................................ 9 Immigration Judges, to ................................ 14
discretion ....................................................... 1 press ............................................................ 13
generally ............................... 4, 7, 8, Glossary telephone, by ................................... 13, App. I
inquiries to ................................................... 14 INS ....... see Immigration and Nationality Service
practitioner discipline proceedings ............ see Internet Immigration Information, I3 ........... 14, 15
discipline internet publications .................... see documents
references to ..........................................49, 54 interpreters
Immigration Practitioner Complaint Form ...... see contract interpreters .................................... 54
discipline Language Services Unit ................................ 4
immigration specialists .........................6, 20, 141 requests for interpreters .................. 61, 62, 69
improper filings ...................................... see filing staff interpreters........................................... 54
improperly solicited clients ............. see discipline telephonic .................................................... 54
in absentia hearings when needed ................................... 61, 62, 69
deportation proceedings .............................. 74 when provided ....................................... 54, 59
exclusion proceedings ................................. 74 IRCA ...................................................... Glossary
generally ...................................................... 51 joint motions ..................................... see motions
reopening .. see motions to reopen in absentia Justice Department .... see Department of Justice
INA ................................ Glossary, Citation Index juveniles ............................................. see minors
individual calendar hearings Language Services Unit ..................................... 4

February 20, 2020
Word Index - 8
Immigration Court
laptop computers .............. see electronic devices merits hearings Glossary, see individual calendar
law firms .....................................................21, 33 hearings
law graduates ...........................................20, 139 minors
Law Library ........................................... see EOIR courtroom modifications .............................. 80
law students .............................................20, 139 courtroom orientation .................................. 80
Legal Orientation Program (LOP) ........ see EOIR detention ............................................ 128, 129
Liaison Judges .............. see Immigration Judges disruptions by .............................................. 55
LIFE Act................................................. Glossary must attend hearings ................................... 55
limited proceedings must be supervised ..................................... 55
asylum-only............................see asylum-only unaccompanied ........................................... 80
claimed status .................... see claimed status misrepresentation .......................... see discipline
credible fear .......................... see credible fear motions
detention ............................................111, 130 accept untimely filings ................................. 29
generally ..............................................109–11 address obligations ... see address obligations
reasonable fear ................ see reasonable fear administrative closure ..........97, 104, Glossary
withholding-only .............. see withholding-only advance hearing date ................................ 102
lodged asylum applications . see asylum, Glossary amend filing ............................................... 104
LPR ....................................................... Glossary appeals, relationship to ................... 91, 97, 99
mailings application for relief ....................... 92, 95, 102
courier services ............... see courier services briefs ............................. see pre-hearing briefs
delays in delivery ......................................... 26 change of venue ................................ 102, 127
mailbox rule not observed............................ 21 close hearing ............................................... 53
postage problems ........................................ 21 compound motions ...................................... 94
service by mailings ...................................... 30 consolidation................................................ 79
street address, mailed to ............................. 22 copy of order................................................ 92
master calendar hearings cover page ...................................... 91, App. F
arrival at court .............................................. 58 criminal convictions ............................... 97, 99
background and security investigations ..... see deadlines .................... 25, 92, 98, 100, App. D
DHS decisions .................................................... 104
biometrics instructions ...................... see DHS DHS motions ................................... 43, 96, 98
briefs ............................ see pre-hearing briefs disciplinary proceedings, in ....... see discipline
conferences .......see pre-hearing conferences entry of appearance ................ 81, 95, 98, 100
deadlines .................................. see deadlines evidence ...................................................... 92
entry of appearance ..see entry of appearance extension of deadline .................................. 26
in absentia ............... see in absentia hearings fees ........................ 42–45, 92, 93, 95, 98, 100
interpreters ..............................see interpreters joint motions .................................... 30, 43, 96
objections to evidence ............... see evidence motion package ........................................... 35
opening the hearing ..................................... 59 number limits ................................. 94, 96, 101
pleadings .................................. see pleadings opposing party's position ............................. 93
purpose of hearing .................................57, 58 oral argument .............................................. 94
recording ................. see recording of hearings order of documents ................ see documents
request for a prompt hearing ....................... 57 post-decision motions .......... 81, 92, 94, App. D
statements ...........see pre-hearing statements pre-decision motions .......81, 92, 94, Glossary
stipulations ...........see pre-hearing statements proposed order ............................... 91, App. Q
telephonic appearances............................... 68 recalendar...................................... 43, 97, 104
telephonic testimony see removal proceedings reconsider ...............see motions to reconsider
video hearings ........ see removal proceedings reopen ......................... see motions to reopen
video testimony ....... see removal proceedings reopen in absentia ... see motions to reopen in
waivers ................. see waivers of appearance absentia

February 20, 2020
Word Index - 9
Immigration Court
request an interpreter .................................. 69 orders

responses ....................... 25, 96, 98, 101, 105 joint motions ................................................ 96
severance .................................................... 79 motions packages ....................................... 35
signatures ................................ see signatures no automatic stays ...................................... 97
stays.....................................................43, 126 number limits ......................................... 94, 96
subpoena ..................................................... 78 order of documents ................ see documents
substitution of counsel ...........................20, 50 pre-9/30/1996 motions ................................ 97
telephonic appearance ................................ 68 responses .............................................. 24, 96
telephonic testimony .................................... 70 where to file ................................................. 91
transcriptions ................................ see records motions to reopen in absentia orders
video testimony ......................................69, 70 address obligations ... see address obligations
visa petitions ............................... 93, Glossary automatic stay ........................................... 101
waive appearance ..................................66, 67 content ................................................. 99, 100
where to file ................................................. 91 copy of order................................................ 92
withdrawal of counsel ............................20, 50 deadlines ........................... 24, 92, 94, 96, 100
motions to reconsider deportation proceedings ............................ 100
address obligations ....see address obligations entry of appearance ........................ 17, 81, 99
appeals deadlines, prior to .......................... 99 exclusion proceedings ............................... 100
appeals pending .......................................... 99 fees ................................................ 42–45, 100
copy of order ................................................ 92 number limits ....................................... 94, 101
criminal convictions...................................... 99 responses ............................................ 24, 101
deadlines ............................ 24, 92, 94, 96, 98 where to file ................................................. 91
DHS motions ................................................ 98 multiple representation .......... see representation
entry of appearance .........................17, 81, 98 NACARA ................................................ Glossary
fees ..................................................42–45, 98 newspaper articles ...................... see documents
identification of error .................................... 99 notarios ................................................ 6, 20, 141
motions packages ........................................ 35 Notice of Appeal............................... see appeals
no automatic stays ....................................... 99 Notice of Intent to Discipline (NID). see discipline
number limits .........................................94, 98 Notice to Appear (NTA)see removal proceedings
order of documents ................. see documents Notice to Applicant Detained for Hearing ...... see
pre-7/1/1996 cases ...................................... 98 exclusion proceedings
pre-7/1/1996 motions ................................... 98 Office of Communications and Legislative
responses ..............................................24, 98 Affairs ......................................... 7, see EOIR
where to file ................................................. 91 Office of Immigration Litigation (OIL) ................. 3
motions to reopen Office of Information and Privacy.......... see FOIA
address obligations ....see address obligations Office of Legal Access Programs ...................... 6
appeal pending ............................................ 97 Office of the Chief Administrative Hearing Officer
appeals deadline, prior to ............................ 97 ..................................................... 3, see EOIR
applications for relief .................................... 95 Office of the Chief Immigration Judge . see EOIR
battered spouses, children, and parents ..... 97 Office of the General Counsel ......... 5, see EOIR
changed circumstances ............................... 96 opening statements......see removal proceedings
content ......................................................... 95 oral pleadings ................................. see pleadings
copy of order ................................................ 92 order of documents ..................... see documents
criminal convictions...................................... 97 Order to Show Cause ................. see deportation
deadlines ...................................24, 92, 94, 96 proceedings
DHS motions ................................................ 96 organizational chart.............................. see EOIR
entry of appearance ...............................17, 81 overnight delivery services .. see courier services
evidence ................................................95, 97 paper size and quality ................. see documents
fees ..................................................42–45, 95 paralegals .................................................. 20, 33
in absentia see motions to reopen in absentia party ....................................................... Glossary

February 20, 2020
Word Index - 10
Immigration Court
Petition for Immediate Suspension see discipline proposed order................................. see motions
petitioner................................................ Glossary REAL ID Act ........................................... Glossary
photocopies ................................. see documents reasonable cause hearings ........... see continued
photographs ................................ see documents detention
pleadings reasonable diligence and promptness, failure to
contents of .............................................60–63 act with ...................................... see discipline
master calendar, taken at ................58, 59, 60 reasonable fear proceedings
oral pleadings ................................ 61, App. M conduct of hearing ..................................... 115
written pleadings ............................. 61, App. L detention ............................................ 111, 130
postage problems .............................see mailings expedited removal ............................. 111, 114
post-decision motions ...................... see motions generally .................................... 114, Glossary
post-order instructions ........................... see DHS location ...................................................... 115
Practice Manual no appeal ................................................... 116
authority ......................................................... 1 reinstatement of prior order ............... 111, 114
available online .......................................... 163 representation............................................ 115
BIA Practice Manual ........................... see BIA review by DHS ........................................... 114
public input ................................................. 163 review by Immigration Judge............. 115, 116
purpose .......................................................... 1 timing ......................................................... 115
reproduction of ........................................... 163 recognized organizations
revisions ......................................................... 1 definition ............................................ Glossary
updates ...................................................... 163 discipline .................................... see discipline
practitioners ............................ see representation removal from list of ...................................... 20
pre-decision motions ........................ see motions Record of Proceedings (ROP) .......... see records
pre-hearing briefs recording of hearings
citations in ........................... 76, 77, 78, App. J bond proceedings ........ see bond proceedings
consolidated cases ...................................... 77 digital audio recording ................................. 12
contents ....................................................... 76 off-the-record discussions ..................... 53, 72
encouraged .................................................. 75 restrictions on .............................................. 55
motions briefs .............................................. 94 rules for.................................................. 53, 72
responses .................................................... 77 records
signatures ................................ see signatures confidentiality ............................................... 12
pre-hearing conferences copies for parties ......................................... 12
disciplinary proceedings, in ....... see discipline non-parties' access to............................ 11, 12
Immigration Judge, initiated by .................... 74 parties' access to ......................................... 11
purpose ........................................................ 74 Record of Proceeding (ROP) 54, 71, Glossary
requests for .................................................. 74 requests for... see Freedom of Information Act
pre-hearing statements transcriptions .........................53, 94, Glossary
contents ....................................................... 75 registration ..................................... see eRegistry
purpose ........................................................ 74 regulations ............................. 164, Citation Index
stipulations in ............................................... 75 reinstatement of prior order see reasonable fear,
prejudicial conduct ......................... see discipline withholding-only
press.....................................................13, 53, 55 reinstatement to practice ............... see discipline
primary attorney (notice attorney) ..Glossary, see rejected filing .......................................... see filing
representation release from detention .......... see detained aliens
pro bono representation release of counsel .................. see representation
Legal Orientation Program............... see EOIR removal proceedings
unaccompanied juveniles, for ...................... 80 absence of representative ........................... 51
pro se .................... Glossary, see representation aliens, references to .................................... 48
Proof of Service ................................. see service appeals ........................................ see appeals
proposed exhibits ........................ see documents arrival at court .............see Immigration Courts

February 20, 2020
Word Index - 11
Immigration Court
asylum clock ................................. see asylum waivers ................. see waivers of appearance
attendance required ..................................... 51 witnesses .................................. see witnesses
background and security investigations ..... see representation
DHS absence of representative ........................... 51
behavior in court ........ see Immigration Courts adverse legal authority, failure to disclose see
biometrics instructions ...................... see DHS discipline
briefs ............................ see pre-hearing briefs appearances "on behalf of" ......................... 21
charging document 47, 50, 57, 58, 60, 61, 102 attire ............................see Immigration Courts
closed hearings ............................................ 53 attorneys, references to ............................... 49
closing statements ....................................... 72 boilerplate submissions, repeatedly filing .. see
communication between parties .................. 55 discipline
conferences .......see pre-hearing conferences bond proceedings ........ see bond proceedings
consolidated cases .... see consolidated cases bribery........................................ see discipline
country of removal ...................60, 61, 62, 102 changes of address ... see address obligations
deadlines .................................. see deadlines claimed status review ........ see claimed status
definition ........................................... Glossary review
detained aliens ................. see detained aliens client's decisions, failure to abide by ......... see
DHS attorneys, references to ...................... 49 discipline
electronic devices ........ see electronic devices communication with client, failure to maintain
employment authorization............. see asylum ................................................... see discipline
entry of appearance ..see entry of appearance competent representation, failure to provide
failure to prosecute ...................................... 48 ................................................... see discipline
filing locations ................................... see filing contempt of court ....................... see discipline
hearing locations ....................................50, 51 continued detention ...see continued detention
in absentia ............... see in absentia hearings credible fear proceedings ..... see credible fear
interpreters ..............................see interpreters disbarment ................................. see discipline
master calendar .............. see master calendar disciplinary proceedings, in ....... see discipline
minors ............................................ see minors entry of appearance . see entry of appearance
Notice to Appear (NTA) 47, 48, 50, 57, 58, 60, eRegistry ................................... see eRegistry
61, 102, Glossary false certification ........................ see discipline
objections to evidence ............... see evidence false evidence............................ see discipline
opening statements ..................................... 72 false statements ........................ see discipline
parties, references to ................................... 48 family members ..................................... 20, 33
pleadings .................................. see pleadings foreign government officials ........................ 20
post-order instructions ...................... see DHS foreign student advisors .............................. 20
Record of Proceedings (ROP) ...... see records Form EOIR-28, failure to file...... see discipline
recording ................. see recording of hearings former DOJ employees ............................... 20
representation .................... see representation free legal services ................................. 20, 58
severance ..................see severance of cases frivolous behavior ...................... see discipline
statements ...........see pre-hearing statements grossly excessive fees .............. see discipline
stays of removal ............................... see stays hearings, failure to attend .......... see discipline
stipulations ...........see pre-hearing statements immigration specialists ................................ 20
subpoenas .............................. see subpoenas improperly soliciting clients ........ see discipline
telephonic appearances.. see master calendar ineffective assistance of counselsee discipline
hearings inmates ........................................................ 20
telephonic hearings ................................50, 51 law firms ................................................ 21, 33
telephonic testimony .................................... 70 law graduates ...................................... 20, 139
timeliness ...............................................51, 57 law students......................................... 20, 139
video hearings .......................................50, 51 misconduct ................................ see discipline
video testimony ......................................69, 70 misrepresentations .................... see discipline

February 20, 2020
Word Index - 12
Immigration Court
multiple representatives .........................20, 49 Notice of Entry of Appearance .............. 19, 60

paralegals ..............................................20, 33 Proof of Service ....... 30–32, App. G, Glossary
practitioners .............................. 139, Glossary representatives, by ................................ 31, 60
prejudicial conduct ..................... see discipline representatives, on ................................ 21, 31
primary attorney .................... 21, 49, Glossary requirements................................................ 29
pro bono ............. see pro bono representation signatures ................................ see signatures
pro se ........................ 19, 49, 59, 72, Glossary subpoenas, service of ............ see subpoenas
reasonable diligence and promptness, failure when completed .......................................... 30
to act with ................................... see discipline whom to serve ............................................. 30
reasonable fear proceedings .. see reasonable severance of cases .......................................... 79
fear signatures
registration .................................see eRegistry accredited representatives .................... 20, 33
release of counsel ........................................ 20 computer generated .................................... 33
representatives, references to ..................... 49 electronic ..................................................... 32
reputable individuals ........... 20, 139, Glossary family members ........................................... 33
resignation from bar ................... see discipline forms ............................................................ 39
right to representation ................20, 49, 58, 59 generally ...................................................... 32
scope of ....................................................... 20 law firms ...................................................... 33
separate appearances ................................. 20 motions ........................................................ 39
serious crimes ............................ see discipline paralegals .................................................... 33
signatures ................................ see signatures photocopies ................................................. 39
substitution of counsel ...........................20, 50 pre-hearing briefs .................................. 39, 76
suspension from bar .................. see discipline Proof of Service ..................................... 31, 33
telephonic appearances.. see master calendar signature stamps ......................................... 33
types of representatives............................... 17 simulated signatures ................................... 33
unauthorized practice of law ...... see discipline third parties ............................................ 31, 33
withdrawal of counsel .................................. 50 solicitation, improper ...................... see discipline
reputable individuals ............... 20, 139, Glossary source materials.......................... see documents
request for a prompt hearing .............. see master State Department .......... see Department of State
calendar stays
rescission proceedings automatic stays.......................................... 126
appeal ........................................................ 109 deportation proceedings ............................ 126
hearing ....................................................... 109 discretionary stays ..................................... 126
Notice of Intent to Rescind......................... 109 exclusion proceedings ............................... 126
resignation from bar ....................... see discipline stipulations ............... see pre-hearing statements
respondent ............................................ Glossary stowaways ........... see credible fear, asylum-only
S visa applicants ... see asylum-only proceedings subpoenas
sanctions for misconduct................ see discipline contents .......................................... 78, App. N
security grounds, removable under .. see asylum- service ......................................................... 79
only witnesses, for......................................... 78, 79
see representation" .............................................. substitution of counsel ........... see representation
self-reporting of misconduct ........... see discipline summary disciplinary proceedings. see discipline
serious crimes ................................ see discipline supporting documents ................ see documents
service suspension from bar ...................... see discipline
attorneys, by ................................................ 31 table of contents.......................... see documents
attorneys, on ..........................................21, 31 tabs ............................................. see documents
Certificate of Service..............................30, 31 telephone numbers ......... see EOIR, Immigration
courier, by .................................................... 30 Courts
definition ..................................... 29, Glossary telephonic appearances ...... see master calendar
hand delivery, by.......................................... 30 telephonic hearings ......see removal proceedings

February 20, 2020
Word Index - 13
Immigration Court
telephonic testimony ... see removal proceedings warning letter ................................. see discipline
televideo hearings ................. see video hearings withdrawal of counsel ............ see representation
televideo testimony .............. see video testimony withholding-only proceedings
transcriptions ..................................... see records appeals ...................................................... 120
translations .................................. see documents conduct of proceeding ............................... 120
Trial Attorney ......................................... Glossary detention ............................................ 111, 130
unauthorized practice of law .......... see discipline expedited removal ..................................... 119
untimely filings ....................................... see filing generally .................................... 119, Glossary
USCIS ................................................... Glossary reinstatement of prior order ....................... 119
venue, change of .............................. see motions witness lists ................................... see witnesses
video hearings ............. see removal proceedings witnesses
video testimony ........... see removal proceedings bond proceedings, in ... see bond proceedings
Virtual Law Library ......................... 11, see EOIR cross-examination of ............................. 58, 72
Visa Bulletin ................. see Department of State disciplinary proceedings, in ....... see discipline
visa consultants ....................................6, 20, 141 interpreters ............................. see interpreters
visa petitions .................................... see motions oath, placed under ....................................... 72
visa waiver applicants ................see asylum-only right to present............................................. 72
proceedings subpoenas .............................. see subpoenas
visa waiver overstays .................see asylum-only testimony, objections to ............................... 72
proceedings witness list required ..................................... 71
waivers of appearances witness list requirements ....................... 34, 41
aliens......................................................67, 68 written pleadings ............................ see pleadings
representatives ......................................67, 68

February 20, 2020
Word Index - 14
Immigration Court
CITATION INDEX
A separate Word Index precedes this Index.
Statutes and Cases
240(b)(2) ..................................................................48
8 U.S.C. 240(b)(4) ..................................................................56
240(b)(5) ..................................................................56
208(d)(2) ..................................................................61
240(b)(5)(C) ................................................... 100, 101
208(d)(5)(A)(iii) ........................................................61
240(b)(5)(C)(ii) .........................................................42
208(d)(6) ..................................................................60
240(b)(7) ..................................................................60
212 .........................................................................108
240(c)(7)(C)(iv) .........................................................97
212(d)(5) ....................................................................8
240(e)(1) ................................................................100
235(a)(2) ................................................................111
241 (former) ..........................................................107
235(b)(1) ................................ 109, 110, 112, 114, 116
241(a)(5) ................................................ 111, 114, 119
235(b)(1)(B) ................................................... 111, 112
241(a)(6) ................................................................133
235(c) ............................................................. 111, 118
241(b)(3) ........ 111, 112, 113, 114, 116, 117, 118, 119
237 .........................................................................107
241(b)(3)(B) ...........................................................114
238(b) .................................................... 110, 114, 119
242(b) ....................................................................108
239 .........................................................................107
242B(a)(1) ..............................................................107
239(b)(1) ..................................................................55
242B(c)(3)(B) ............................................................42
240 ................................................................... 45, 107
246(a) .....................................................................109
240(b)(1) ..................................................................69
5 U.S.C.
552 .............................................................................................................................................................................156
552(b) ........................................................................................................................................................................157
BIA DECISIONS
Gadda, 23 I&N Dec. 645 (BIA 2003) ................................................................................................................... 137, 146
H-A-, 22 I&N Dec. 728 (BIA 1999) ................................................................................................................................93
Nafi, 19 I&N Dec. 430 (BIA 1987)...............................................................................................................................108
Patino, 23 I&N Dec. 74 (BIA 2001) .............................................................................................................................105
Rahman, 20 I&N Dec. 480 (BIA 1992) ........................................................................................................................102
Shih, 20 I&N Dec. 697 (BIA 1993) ..............................................................................................................................105
Velarde, 23 I&N Dec. 253 (BIA 2002) ...........................................................................................................................93

February 20, 2020
Citation Index - 1
Immigration Court
Regulations
1003.110(b) ................................................... 138, 140
8 CFR § 1003.111 ................................................................137
1003.111(a)............................................................143
1001.1(f) .......................................... 19, 137, 148, 149
1003.111(a)(1) .......................................................143
1001.1(g) ................................................................149
1003.111(a)(3) .......................................................143
1001.1(j)......................................................... 137, 148
1003.12 ..................................................................107
1003.0(a)....................................................................2
1003.13 ........................................................ 21, 45, 46
1003.1 ....................................................................105
1003.14 ....................................................................45
1003.1(b) ...................................................................9
1003.15(d) ...............................................................60
1003.1(b)(4) ...............................................................9
1003.15(d)(2) ..................................................... 20, 19
1003.1(b)(5) ...............................................................9
1003.17 ..................................................................129
1003.1(c) ................................................................105
1003.17(a).............................................. 17, 19, 29, 30
1003.1(d)(1) ........................................................... 2, 9
1003.17(b) ......................................................... 19, 20
1003.1(d)(2)(i)(G) ...................................................105
1003.19 .......................................................... 127, 129
1003.1(d)(2)(iii) ......................................................137
1003.19(c) ..............................................................131
1003.1(d)(5) ...........................................................137
1003.19(d) .............................................................133
1003.101 .................................................. 19, 137, 138
1003.19(e)..............................................................131
1003.101(a)............................................................146
1003.19(g) ........................................................ 20, 127
1003.102 ........................................................ 137, 140
1003.19(h)(2)(i) ......................................................129
1003.102(h) ...........................................................142
1003.19(i)...............................................................133
1003.102(j).............................................................139
1003.20 ..................................................................102
1003.102(j)(1) ..........................................................32
1003.20(b) .............................................................105
1003.102(k) ............................................................141
1003.21(a)................................................................71
1003.102(m) ..........................................................138
1003.21(b) ......................................................... 71, 72
1003.103 ................................................................137
1003.22 ....................................................................52
1003.103(c) ............................................................142
1003.23 ....................................................................26
1003.104 ................................................................137
1003.23(a)..............................................................105
1003.104(a)(1) .......................................................141
1003.23(b)(1) ................................... 42, 43, 96, 97, 98
1003.104(b) ...........................................................141
1003.23(b)(1)(i) ........................................................32
1003.105 ................................................................137
1003.23(b)(1)(ii) ............................... 17, 19, 29, 30, 94
1003.105(c)(2) .......................................................144
1003.23(b)(3) ............................................... 92, 95, 96
1003.105(d)(2) .......................................................144
1003.23(b)(4) ...........................................................96
1003.106 ................................................................137
1003.23(b)(4)(i) ........................................................96
1003.106(a)(1)(v) ...................................................142
1003.23(b)(4)(ii) ............................................. 100, 101
1003.107 ................................................................137
1003.23(b)(4)(iii) ....................................................100
1003.107(a)............................................................148
1003.23(b)(4)(iv) ......................................................96
1003.107(a)(2) .......................................................148
1003.24 ........................................................ 41, 42, 43
1003.107(b) ...........................................................149
1003.24(b)(2) .........................................................100
1003.107(b)(3) .......................................................148
1003.25(a)................................................................64
1003.107(c)(1) .......................................................149
1003.25(c) ................................................................48
1003.107(c)(2) .......................................................149
1003.26 .............................................................. 49, 70
1003.108 ................................................................137
1003.26(c) ................................................................70
1003.108(c) ............................................................147
1003.27 ....................................................................50
1003.109 ................................................................137
1003.27(b) ...............................................................50
1003.110 ................................................ 137, 138, 146
1003.28 ....................................................................53

February 20, 2020
Citation Index - 2
Immigration Court
1003.3 ....................................................................105 1208.7 ......................................................................61

1003.3(a)(1) ...........................................................105 1235.3(b)(5) ...........................................................116
1003.3(d) ...............................................................105 1235.8 ....................................................................118
1003.31 ....................................................................21 1236.1 ....................................................................129
1003.31(d) ...............................................................50 1236.3 ....................................................................128
1003.32(b) ...............................................................37 1240.1 ....................................................................107
1003.33 ....................................................................32 1240.1(a)....................................................................8
1003.35 ....................................................................74 1240.10 .............................................................. 56, 59
1003.35(b)(3) ...........................................................75 1240.10(b) ...............................................................50
1003.35(b)(4) ...........................................................75 1240.11(c)(3)(i) ........................................................50
1003.35(b)(5) ...........................................................75 1240.15 ....................................................................56
1003.38 ............................................................ 25, 105 1240.30 ..................................................................108
1003.38(b) ...............................................................26 1240.31 ......................................................................8
1003.41 ....................................................................40 1240.40 ..................................................................107
1003.42(d) .............................................................112 1240.41 ......................................................................8
1003.42(f) ..............................................................114 1240.9 ......................................................................51
1003.42(h) .................................................................9 1241.13 ..................................................................134
1003.46 ....................................................................50 1241.14 .......................................................... 134, 135
1003.47 ....................................................................60 1241.14(f) ...................................................... 133, 134
1003.47(d) ......................................................... 44, 61 1246.1 ....................................................................109
1003.6(c) ................................................................133 1287.4(a)(2)(ii) .........................................................74
1003.61(a)................................................................20 1292.1 ................................................................ 17, 47
1003.7 ....................................................................105 1292.1(a)................................................................137
103.7 .................................................................. 43, 44 1292.1(a)(1) .............................................................19
1103.7 .......................................................... 41, 42, 43 1292.1(a)(2) .............................................................19
1103.7(b)(1) .............................................................44 1292.1(a)(3) .............................................................19
1103.7(b)(2) .............................................................44 1292.1(a)(4) ..................................................... 19, 137
1208.2(c)(1)(i) ........................................................118 1292.1(a)(5) .............................................................19
1208.2(c)(1)(ii) .......................................................118 1292.1(b) ...............................................................137
1208.2(c)(1)(iii) ......................................................118 1292.1(c) ..................................................................19
1208.2(c)(1)(iv) ......................................................118 1292.1(f) ............................................................ 17, 19
1208.2(c)(1)(v) .......................................................118 1292.11 ....................................................................19
1208.2(c)(1)(vi) ......................................................118 1292.11(a)................................................................19
1208.2(c)(2) ...........................................................119 1292.11(f) ................................................................19
1208.2(c)(3) ...........................................................119 1292.12 ....................................................................19
1208.2(c)(3)(i) ........................................................119 1292.12(a)................................................................19
1208.30(g)(2)(iv)(A) ...............................................114 1292.12(b) ...............................................................19
1208.30(g)(2)(iv)(B)................................................114 1292.12(c) ................................................................19
1208.30(g)(2)(iv)(C)........................................ 113, 118 1292.12(d) ...............................................................19
1208.31 .......................................................... 114, 115 1292.12(e)................................................................19
1208.31(c) ..............................................................114 1292.13 ............................................................ 19, 149
1208.31(g)(1) .........................................................116 1292.14 ....................................................................19
1208.31(g)(2) ................................................. 116, 119 1292.16 ....................................................................19
1208.4 ......................................................................24 1292.19(a)..............................................................141
1208.4(a)(2) .............................................................24 1292.2(a)..................................................................20
1208.5(b)(1)(ii) .......................................................118 1292.5(a)............................................................ 19, 31
1208.6 ......................................................................50 1299.1 ....................................................................152

February 20, 2020
Citation Index - 3
Immigration Court
208.16 ....................................................................112
208.17 ....................................................................112
208.30(e)(2) ...........................................................112
208.30(e)(3) ...........................................................112
208.30(f) ........................................................ 112, 118
208.30(g) ................................................................112
208.31(e)........................................................ 114, 119
208.31(f) ................................................................115
235.3(e)..................................................................127
292.3 ......................................................................137
292.3(c)(4) .............................................................142
299.4(a) ..................................................................152
28 CFR §
16.1 ........................................................................157
16.3(c) ....................................................................157
16.9 ........................................................................158
68.26 ..........................................................................9

February 20, 2020
Citation Index - 4
Immigration Court
Practice Manual Table of Changes
Table of Changes
This Practice Manual is updated periodically. The tables below are arranged by most recent date
of change, and contain within each table the section amended and nature of the change made to
the Practice Manual. Page numbers throughout the Practice Manual may have changed as the
result of updates.
February 20, 2020
Section amended Nature of change
Introduction Updated names and titles
Chapter 1:1.4(c), 2:2.4(a)-(c), Updated information to reflect organization of OLAP and CLAD
10:10.2, Appendix B under the Office of Policy
Chapter 4:4.13(b)-(c) Updated information on electronic devices
Chapter 4:4.19(b) Updated guidance on pre-hearing briefs
Appendix A Technical Change – corrected court contact addresses
Appendix B Updated local contact number for Automated Case

Information Hotline
September 26, 2019

February 20, 2020
Table of Changes - 1
Immigration Court
Appendix A Technical Change - updated the Louisville Immigration Court

contact information
Appendix A Technical Change - added the Sacramento Immigration Court

and its contact information
August 9, 2019
1.3(b), 1.6(a)(ii), 4.5 Updated number of immigration judges and number of

immigration courts
2.3(a) Amended description of right to counsel in immigration court

proceedings.
Glossary – “Immigration Court” Amended number of immigration courts.
July 30, 2019
1.4(d) Updated description to Communications and Legislative Affairs

Division
1.6(b) Updated description of Law Library and Information Resource

Center

February 20, 2020
Immigration Court
1.7(b) Updated description of Communications and Legislative Affairs

Division
5.10(b) Updated language regarding motions to advance hearing date
Appendix A Updated contact information
Appendix B Updated contact information
July 9, 2018
4.18 Technical change – replace omitted text.
Chapter 8 Replaced with new chapter 8
November 2, 2017
3.1(b), 3.1(b)(iv), 5.12 Updated information regarding rulings on motions before the
close of the response period

February 20, 2020
Immigration Court
5.10(c) Updated language regarding motions to change venue
October 20, 2017
3.1(b)(5), 5.7(c), 5.8(c), Updated information regarding response period for post-decision
5.9(d)(ii)(C) motions
May 15, 2017
Introduction Updated Deputy Chief Immigration Judge and Assistant Chief

Immigration Judge names
1.4(b) Technical Change - changed the name of OGC’s Fraud and Abuse
Prevention Program
1.4(c) Updated information regarding EOIR’s Office of Legal Access

Programs (OLAP)
2.4 Updated information related to the recognition and accreditation

program
3.3(a) Updated information related to certification of translations

February 20, 2020
Immigration Court
7.4(b)(i)(A) Updated section on expedited removal to reflect changes to the

policy for Cuban arrivals
Chapter 10 Updated information related to the recognition and accreditation

program.
App. A Technical Change - changed the Las Vegas Immigration Court

mailing address
App. B Technical Change - changed the name of OGC’s Fraud and Abuse
Prevention Program
App. B Technical Change - added the Office of Legal Access Programs
App. E Technical change - added Office of Legal Access Programs (OLAP)

and Forms 31 and 31A
Glossary Updated information related to the recognition and accreditation

program
April 4, 2017
3.1(b)(iii)(A) Updated defensive asylum application provision
4.15(l)(i) Updated lodged asylum applications provision
App. D Updated guidelines for filing asylum applications

February 20, 2020
Immigration Court
January 31, 2017
App. A Technical change – changed the Krome Immigration Court mailing

address
A-2, A-3 Technical change – corrected a pagination error
1.6(b)(1) Technical change – Removed a sentence referring to the prohibition on

smoking in the library

February 20, 2020

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93Cover Page

The Office of the Chief Immigration Judge

Christopher Santoro, Chief Immigration Judge (Acting)

Rico J. Bartolomei David M. Jones Sirce E. Owen

Judge John F. Gossart, Jr. Scott M. Rosen, Chief Counsel, OCIJ

Executive Office for Immigration

Office of the Chief Immigration Judge

5107 Leesburg Pike, Suite 2500

Immigration Court Practice Manual

TABLE OF CONTENTS (Summary List)

Chapter 1 The Immigration Court

Chapter 2 Appearances before the Immigration Court

Chapter 3 Filing with the Immigration Court

Chapter 4 Hearings before Immigration Judges

Chapter 5 Motions before the Immigration Court

Chapter 6 Appeals of Immigration Judge Decisions

Chapter 7 Other Proceedings before Immigration Judges

Chapter 9 Detention and Bond

Chapter 10 Discipline of Practitioners

Chapter 12 Freedom of Information Act (FOIA)

Chapter 13 Other Information

updates: www.justice.gov/eoir Version released on

TABLE OF CONTENTS (Detailed List)

Chapter 1 The Immigration Court ............................................................................... 1

4.15 Master Calendar Hearing ................................................................................. 66

updates: www.justice.gov/eoir Version released on

9.4 Continued Detention Review ......................................................................... 136

updates: www.justice.gov/eoir Version released on

A Immigration Court Addresses A-1

updates: www.justice.gov/eoir Version released on

This page intentionally left blank.

updates: www.justice.gov/eoir Version released on

Chapter 1 The Immigration Court

1.1 Scope of the Practice Manual

1.2 Function of the Office of the Chief Immigration Judge

updates: www.justice.gov/eoir 1 Version released on

(c) Relationship to the Board of Immigration Appeals. — The Board of

(d) Relationship to the Department of Homeland Security. — The Department

(e) Relationship to the Immigration and Naturalization Service. — Prior to the

updates: www.justice.gov/eoir 2 Version released on

(f) Relationship to the Office of the Chief Administrative Hearing Officer. —

(g) Relationship to the Administrative Appeals Office. — The Administrative

(h) Relationship to the Office of Immigration Litigation (OIL). — The Office of

1.3 Composition of the Office of the Chief Immigration Judge

(i) Chief Immigration Judge. — The Chief Immigration Judge oversees

updates: www.justice.gov/eoir 3 Version released on

(ii) Deputy Chief Immigration Judges. — The Deputy Chief Immigration

(iii) Assistant Chief Immigration Judges. — The Assistant Chief

(v) Language Services Unit. — The Language Services Unit oversees

(vi) Court Evaluation Team. — The Court Evaluation Team coordinates

updates: www.justice.gov/eoir 4 Version released on

A listing of the Immigration Courts is available on the Executive Office for

(c) Immigration Judge conduct and professionalism. — Immigration Judges

Usually, when a disagreement arises with an Immigration Judge’s ruling, the

In the alternative, parties may raise concerns regarding an Immigration Judge’s

1.4 Other EOIR Components

updates: www.justice.gov/eoir 5 Version released on

Individuals wishing to report immigration fraud or abuse, or other irregular activity,